This appeal and cross-appeal concerned an order from a Case Management Master regarding a claim of negligent police investigation and failure to warn of a sexual predator.
The primary issue on appeal was the scope of solicitor-client privilege, specifically whether information conveyed by a client to counsel for legal advice, even if the underlying facts are not privileged, is discoverable.
The court upheld the Master's rulings on all other points but found the Master erred in ordering disclosure of whether non-privileged evidence was provided to Crown counsel for an opinion, affirming that such communication is privileged.