The Applicant brought a motion for judgment, alleging that the Respondent's principal, Paul Halyk, accessed confidential and privileged communications between the Applicant's principal and its legal counsel.
The court found that Halyk accessed privileged material and failed to rebut the presumption of prejudice, as he did not provide specific details about the extent of his review.
While declining to grant judgment on the Application due to insufficient evidentiary record for the underlying merits, the court ordered the Respondent's Notice of Appearance struck, allowing the Application to proceed as undefended.