Jesse R. Dostal

The defendants brought a motion for directions and a temporary sealing order to protect solicitor-client privileged information that the plaintiff had filed publicly in her motion records and statements of claim.

The plaintiff opposed, arguing the privilege was waived and emphasizing the open court principle.

The court granted the defendants' motion, ordering the expungement of the publicly filed documents and their replacement with redacted versions, pending a determination on the merits of the privilege waiver issue.

The court found that protecting solicitor-client privilege, a fundamental public interest, outweighed the plaintiff's temporary interest in publicizing the information.

This decision addresses the issue of costs following the resolution of an estate matter.

The applicant sought full indemnity costs after the respondent withdrew her notice of objection.

The respondent argued for no costs or a reduced amount.

The court found inappropriate conduct from both parties but determined the applicant was the more successful litigant.

Applying principles of reasonableness and proportionality, the court assessed costs at $5,000 inclusive of HST and disbursements, a reduction from the applicant's claim.