The appellant, a single-purpose company incorporated for an acquisition, appealed a decision finding that solicitor-client privilege was lost due to a prima facie case of fraud.
The motion judge found that the appellant used corporate funds to benefit itself to the detriment of creditors.
The Court of Appeal dismissed the appeal, holding that because the finding of fraud embraced the entirety of the transaction, the usual two-stage process and document-by-document review were unnecessary.
