The applicant brought a motion in the Superior Court of Justice to strike a previously entered guilty plea for sexual assault and related offences.
In support of the motion, the applicant filed an affidavit alleging that former counsel pressured him to plead guilty and provided incorrect advice.
The Crown sought an affidavit from former counsel responding to those allegations, raising a dispute over whether portions of the affidavit were protected by solicitor-client privilege.
The court held that where a client alleges misconduct or breach of duty by counsel, privilege is waived to the extent necessary for counsel to respond fairly.
The impugned paragraphs of the former counsel’s affidavit were found relevant to the allegations and were permitted to remain, subject only to a minor agreed deletion.
