Golnaz Simaei

On a family law motion, the court found that the respondent deliberately accessed the applicant's personal email account and obtained communications protected by solicitor-client privilege, including an email from counsel and legal accounts describing services rendered.

Applying settled privilege principles, the court held the communications were confidential legal advice and remained privileged despite containing some factual content.

Because the breach was deliberate and the respondent was found untruthful, the court imposed significant procedural sanctions, required an affidavit disclosing all intercepted communications and their dissemination, ordered an undertaking against future interception or recording, prohibited retention of former counsel in related proceedings, and awarded full indemnity costs.

The court also removed privileged complaint materials from the court record and struck portions of the respondent's affidavit referring to case conference discussions.

In a family law proceeding between spouses, the applicant brought a motion seeking removal of the respondent’s solicitor of record and related relief after the respondent obtained and filed an email between the applicant and her counsel.

The email was a solicitor-client communication that had been accessed through the applicant’s personal email account.

The court considered whether the respondent’s counsel acted improperly by reviewing the email and including it in an affidavit.

Applying authorities concerning inadvertent disclosure of privileged communications, the court accepted counsel’s explanation that she questioned her client about the source of the email, believed it had been obtained from a business account, and concluded it did not contain litigation strategy.

The court found no misconduct warranting removal or sanctions against counsel.