5 total
Plaintiffs' counsel disqualified after obtaining and reviewing defendants' jointly privileged documents produced in related arbitration.
The moving parties, defendants in the action, brought a motion to disqualify the plaintiffs' counsel, Stikeman Elliott LLP, alleging the firm obtained access to their privileged communications with their former lawyers.
The privileged documents were produced in a related arbitration after the arbitral tribunal found a deemed waiver of privilege by another defendant.
The court found that the moving parties held a joint privilege over the documents, which could not be unilaterally waived.
Applying the three-stage test from Celanese, the court concluded that the plaintiffs' counsel obtained access to the privileged documents, failed to rebut the presumption of prejudice, and that disqualification of counsel was the only appropriate remedy to protect the integrity of the justice system.
Entrapment application dismissed as police had reasonable suspicion before offering the opportunity to traffic cocaine.
The court considered an application by Adrian Davey to stay proceedings on the ground of entrapment after he pleaded guilty to trafficking cocaine and possession of cocaine for the purpose of trafficking.
The court reviewed the sufficiency of disclosure to the defence and whether police had reasonable suspicion before offering Davey the opportunity to commit the offence.
The application was dismissed, with the court finding that the police had reasonable suspicion at the relevant time and that the defence was able to make full answer and defence.
The court granted a permanent injunction against the respondent for a relentless campaign of defamation against the applicant.
The applicants sought a declaration of defamation, a permanent injunction, and an order to remove a website against the respondent.
The court found that the respondent made defamatory statements against one applicant, Karim Aly, and granted a permanent injunction enjoining further defamation or threats against him.
However, the claims regarding the other applicant, Stratuscent Inc., and the website were dismissed due to insufficient evidence and the website's prior removal.
Costs were awarded to Karim Aly.
Plaintiff awarded $35,000 in costs for successful CPL motion; no costs awarded for stay motion.
The court issued a costs endorsement following motions for a stay of proceedings, a certificate of pending litigation (CPL), and the appointment of an arbitrator.
The defendants had sought a stay, which was granted permanently for one defendant and temporarily for the other, while the plaintiff successfully obtained a CPL.
Finding divided success on the stay motion, the court ordered each party to bear its own costs for that motion.
However, as the plaintiff was successful on the CPL motion, the court awarded the plaintiff partial indemnity costs fixed at $35,000 all-inclusive.
Motion for pre-examination production of lawyer's file dismissed; limited waiver of litigation privilege found.
The defendants in a medical malpractice action brought a motion for the production of documents from the plaintiffs' lawyer's file prior to cross-examinations on affidavits.
The affidavits were filed in support of the plaintiffs' pending motion to extend the time to set the action down for trial.
The defendants argued the plaintiffs waived privilege by referring to the lawyer's steps to advance the litigation.
The court found a limited waiver of litigation privilege regarding the fact and timing of the lawyer's communications with medical experts, but held that the plaintiffs were not required to produce the corroborating documents prior to the cross-examination.
The motion was largely dismissed, with the plaintiffs ordered only to have redacted corroborating documents available at the cross-examination.
