John Wigle

Following the dismissal of the plaintiffs' motion for the production of emails protected by solicitor-client privilege, the parties submitted written arguments on costs.

The defendant sought $16,190 on an actual indemnity basis, noting an unaccepted offer to settle the motion for $5,775.

The court applied the principles of reasonableness and proportionality, awarding the successful defendant $12,000 inclusive of disbursements and taxes.

The plaintiffs brought a motion seeking the production of a chain of emails between the defendant's counsel and the defendant.

The defendant opposed the motion on the grounds of solicitor-client privilege.

After a confidential review of the emails, the court found that the communications involved instructions and legal advice between a solicitor, his law firm, and their client, and were intended to be confidential.

The motion for production was dismissed.