A.T. McKinnon

The defendants in a solicitor's negligence action brought a motion seeking production of the plaintiff's former divorce lawyer's file.

The plaintiff refused production, claiming solicitor-client privilege.

The court held that the plaintiff impliedly waived privilege by pleading that the defendants caused his losses in the divorce proceedings, thereby putting his litigation strategy and mitigation of damages in issue.

The court ordered the production of the file and awarded costs to the defendants.

The plaintiffs brought a proposed class action alleging a global price-fixing conspiracy by the defendants regarding airfreight shipping services.

The defendants brought a motion to stay the action as it related to absent foreign claimants, arguing the court lacked jurisdiction simpliciter.

The court granted the motion, finding that the real and substantial connection test should not be applied to establish jurisdiction over absent foreign claimants, as an Ontario judgment would not be recognized abroad, offending principles of order, fairness, and comity.

Alternatively, the court held that even if jurisdiction existed, it would decline it on the basis of forum non conveniens.