Christopher Casher

The court considered whether documents prepared by PricewaterhouseCoopers LLP (PwC), including the "Bowen Memo" and related materials, were protected by solicitor-client or litigation privilege in the context of a dispute over the transition of audit responsibilities from PwC to Deloitte for Bondfield Construction Company Limited.

The court found that the documents were not privileged and ordered their production, as the dominant purpose of their creation was not for seeking legal advice or in contemplation of litigation, but rather to summarize audit procedures.

This decision concerns a motion for production of documents in two companion actions involving allegations of auditor negligence and failure to detect fraud at Bondfield Construction Company Ltd. The plaintiffs sought production of the "Bowen Memo" and related documents from PricewaterhouseCoopers LLP (PwC), who claimed solicitor-client and litigation privilege.

The court found that the documents were not privileged, as they were not created for the purpose of seeking legal advice or in contemplation of litigation, and ordered their production without redaction.

Following the dismissal of the plaintiff's breach of contract claim after a liability trial, the defendant, Revera Inc., sought partial indemnity costs.

The plaintiff acknowledged entitlement to costs but disputed the amount.

The court, applying Rule 57.01 of the Rules of Civil Procedure, assessed the reasonableness of the claimed costs, noting that a costs award is not a simple mathematical calculation.

The judge found the time docketed by the defendant's counsel and the extent of senior counsel involvement to be excessive for the simplicity of the factual dispute, despite the significant amount in issue ($1.4 million).

The court awarded partial indemnity costs significantly lower than requested, emphasizing that the unsuccessful party should not bear the cost of "overpreparation" or unnecessary senior counsel involvement.

The appellant, Ali Amiri, brought two appeals from Superior Court decisions concerning certiorari applications related to his criminal trial for threatening his wife.

The first appeal (C70004) challenged the dismissal of his certiorari application to quash a procedural order, which was deemed moot as the trial judge had since decided the underlying issues.

The second appeal (C70051) challenged the granting of certiorari applications by two subpoenaed witnesses (a lawyer and a Legal Aid Ontario employee) to quash their subpoenas, based on solicitor-client privilege and statutory privilege, respectively.

The Court of Appeal summarily dismissed both appeals under s. 685(1) of the Criminal Code, finding them frivolous or vexatious, emphasizing the limited scope of certiorari in criminal proceedings and the lack of merit in the appellant's arguments regarding privilege exceptions.