A non-party former solicitor sought leave to intervene in an appeal where the defendant appellant was challenging a summary judgment order granting forfeiture of a deposit and costs, claiming the documentary record was incomplete due to the solicitor's negligence.
The Chief Justice of Ontario granted the intervention, finding that the interests of justice favoured a complete evidentiary record.
The court declared that the appellant had waived solicitor-client privilege with respect to the solicitor's file and communications pertaining to the matters in dispute.
