The defendants brought a motion to compel the plaintiffs to answer questions refused on discovery and fulfill an undertaking regarding legal advice the plaintiffs received from another lawyer.
The plaintiffs argued the information was protected by solicitor-client privilege.
The court found that the plaintiffs had put their state of mind and reliance in issue in their claim for solicitors' negligence and breach of fiduciary duty, thereby implicitly waiving privilege over communications with their other lawyer regarding the transactions at issue.
The court ordered the plaintiffs to answer the questions and produce the unredacted invoice as unconditionally undertaken.
