A. Zubair

The respondent estate trustee brought a motion to question the applicant's former family law counsel regarding the applicant's state of mind and receipt of legal advice prior to signing a separation agreement.

The applicant sought to set aside the agreement on grounds of duress and lack of independent legal advice, but opposed the questioning, claiming solicitor-client privilege.

The court found that the applicant impliedly waived privilege by putting her state of mind and lack of legal advice at issue.

The court ordered the applicant's former counsel to attend for questioning and limited the questioning of the deceased's former counsel to the circumstances surrounding the execution of the agreement.

In a family law proceeding, the applicant brought a motion for summary judgment following earlier default proceedings where the respondent had failed to deliver an Answer.

The court addressed issues of custody, access, child support, equalization, costs, and a restraining order.

Sole custody of the three children was granted to the applicant with specified access to the respondent, as the parties were unable to communicate effectively.

Child support was ordered based on an imputed income of $37,000 to the respondent, with a lump sum from the respondent’s share of the matrimonial home proceeds applied to future support.

The court also granted equalization payments, awarded costs to the applicant, issued a restraining order, and granted a divorce.