The plaintiff in a wrongful dismissal action brought a motion to exclude emails between himself and his lawyer from the defendant's affidavit of documents.
The emails were sent using the plaintiff's corporate email account.
The court found that the plaintiff, who was the founder and former CEO of the company, had a reasonable expectation of privacy in his corporate email account, as he had used it for personal matters for over 20 years without a written policy prohibiting such use.
The court held that the emails were protected by solicitor-client privilege and ordered their removal from the affidavit of documents.
