Benjamin T. Glustein

The appellants' premises were searched pursuant to an Anton Piller order obtained by the respondents.

During the search, the respondents' solicitors seized electronic documents, some of which were subject to solicitor-client privilege.

The respondents' solicitors subsequently accessed and reviewed these privileged documents without the appellants' consent.

The appellants brought a motion to remove the respondents' solicitors of record.

The Supreme Court of Canada held that where lawyers obtain access to relevant solicitor-client confidences during an Anton Piller search, they bear the onus of rebutting the presumption of a resulting risk of prejudice.

The respondents' solicitors failed to discharge this burden and were removed from the record.

The appellant bank and respondent trust company entered into agreements to finance a condominium project.

When the real estate market collapsed, the respondent breached its commitment to provide takeout financing, leaving the appellant with a significant shortfall.

The trial judge awarded the appellant damages including compound pre-judgment and post-judgment interest at the rate specified in the loan agreement.

The Court of Appeal substituted simple interest.

The Supreme Court of Canada allowed the appeal, holding that courts have jurisdiction at common law and in equity to award compound interest as expectation damages to fully compensate a plaintiff for the time-value of money.

The appellants, Air Ontario pilots, brought an action against the respondents, Air Canada pilots, for breach of contract based on the union constitution after the respondents refused to implement an arbitration award integrating their seniority lists.

The Supreme Court of Canada dismissed the appeal, holding that the historical legal fiction of a web of contracts between individual union members is no longer necessary or practical.

Instead, the Court recognized that a trade union is a legal entity capable of entering into a contract of membership with each individual member, and therefore, union members cannot be held personally liable to one another for breaching the union constitution.