The plaintiffs brought a motion to compel the defendant to answer refusals from his examination for discovery, including questions about legal advice he received regarding a Highway Traffic Act charge and questions about his criminal record.
The court found that the defendant partially waived solicitor-client privilege by testifying that he pleaded guilty to the traffic charge solely because his lawyer told him to do so, and ordered specific disclosure of the lawyer's file.
However, the court dismissed the request for the defendant's criminal record, finding it irrelevant to the pleadings and directed solely to credibility.