The moving party sought an order requiring production of a solicitor’s reporting letter and account relating to the purchase of a condominium allegedly funded through misappropriated construction trust funds.
The responding parties resisted production on the basis of solicitor-client privilege.
The court held that reporting letters and solicitor accounts arising from real estate transactions are generally privileged as communications directly related to legal advice and services.
The court further held that allegations of fraud alone are insufficient to displace privilege without a prima facie evidentiary basis.
As the moving party failed to establish a prima facie case of fraud, the privilege remained intact and production was refused.
