The appellant appealed the dismissal of her motion to compel answers and document production regarding communications between the respondent and its counsel.
The appellant alleged the respondent used false evidence to procure her prosecution by IIROC, arguing the fraud/crime exception to solicitor-client privilege applied.
The Divisional Court dismissed the appeal, finding the appellant failed to establish a prima facie case that the communications were made to facilitate a crime or civil wrong, as the false information had no bearing on the regulatory investigation.
