Background:

• Plaintiffs: Sakab Saudi Holding Company and other related entities, alleging fraud of $5.36 billion by Dr. Saad Aljabri during his tenure in Saudi Arabia's Ministry of the Interior.
• Defendant: Dr. Aljabri denies allegations, claiming funds were used for government-authorized counterterrorism activities.
• Issue: Plaintiffs sought access to a document (the "Proffer") created for disclosure review under the Canada Evidence Act (CEA), asserting it was not privileged.

Key Legal Issues:

1. Litigation Privilege:

   • The Proffer was deemed to be created primarily for litigation purposes.
   • Its preparation was essential for Dr. Aljabri's defense, involving sensitive national security information requiring Attorney General of Canada (AGC) review.

2. Waiver of Privilege:

   • Plaintiffs argued privilege was waived through disclosure to third parties (AGC and others).
   • Court ruled that:
     • Disclosure to AGC under statutory obligation does not imply waiver.
     • No evidence suggested inconsistent use of the Proffer in defense, which would justify waiver.

3. Disclosure Obligations:

   • Dr. Aljabri committed to providing a detailed summary of non-redacted material facts and any non-injurious information allowed by the Federal Court.

Court Decision:

• The motion to declare the Proffer not privileged or to compel its production was dismissed.
• The court emphasized maintaining the balance of fairness in adversarial litigation and the rationale behind litigation privilege.
• No monetary award was specified.