The appellant, Capital Sports Management Inc., appealed a motion judge's order requiring the production of certain solicitor-client documents to the respondent, Trinity Development Group Inc. The motion judge had found an implied joint retainer of the law firm Gowlings by both parties in relation to a joint venture, and ordered production of documents up to the commencement of the litigation.
On appeal, the Divisional Court held that the implied joint retainer terminated in May 2016 when the parties became materially adverse and threatened litigation against each other.
Furthermore, the respondent had acquiesced to Gowlings continuing to act solely for the appellant after that date.
The appeal was allowed, and the production order was narrowed to exclude documents created after May 2016.
