The representative plaintiff appealed an order of a Master dismissing a motion for production of communications between a distressed company and its financial advisor and between the company and government actors.
The court considered whether solicitor‑client privilege extended to communications with a financial advisor who might have served as a CCAA monitor, and whether common interest privilege protected communications with federal and provincial governments during restructuring negotiations.
The court held that the financial advisor’s role was integral to the legal advice provided and that the communications were subject to solicitor‑client privilege.
The court also upheld the Master’s finding that communications shared with governments during negotiations to secure restructuring funding were protected by common interest privilege.
Finding no palpable and overriding error in the Master’s factual determinations, the appeal was dismissed.
