2 total
Defendant partially waived privilege by blaming guilty plea on lawyer's advice; criminal record questions deemed irrelevant.
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.
Appeal dismissed; public health inspector protected by statutory immunity absent evidence of bad faith.
The appellant bean sprout producer sued a public health inspector for negligence and defamation following a salmonella outbreak investigation that led to a product recall.
The motion judge granted summary judgment dismissing the claim, finding the inspector was protected by statutory immunity under s. 95(1) of the Health Protection and Promotion Act and there was no evidence of bad faith.
The Court of Appeal dismissed the appeal, agreeing that the appellant failed to provide any evidence of bad faith, recklessness, or gross negligence to displace the statutory immunity.
