Lauren P.S. Epstein

The plaintiff, a former associate lawyer, brought a motion to consolidate her wrongful dismissal action against her former employer with a subsequent libel action against the employer and their legal counsel.

The libel action arose from comments made by the employer's counsel to a legal publication regarding the wrongful dismissal pleadings.

The court dismissed the motion to consolidate, finding that doing so would likely force the defendants' counsel to step down due to conflicts of interest and risk breaching solicitor-client privilege.

Instead, the court ordered a stay of the libel action pending the resolution of the wrongful dismissal action.

Mid-Bowline Group Corp. applied under s. 182 of the OBCA for approval of a plan of arrangement to sell WIND Mobile to Shaw Communications for $1.6 billion.

The Catalyst Capital Group Inc. opposed the plan, asserting a constructive trust claim over shares held by West Face Capital Inc., alleging misuse of confidential information.

The court found the plan of arrangement fair and reasonable, as it allowed the sale to proceed while preserving Catalyst's right to pursue its claims against West Face for profits and tracing.

The court rejected Catalyst's demand for a full trial, citing the need for a timely resolution, and ordered an expedited four-day hearing for the constructive trust issue.

On a refusals motion arising from two related civil actions over a settlement agreement resolving a car dealership dispute, the moving parties sought production of solicitor-client communications and legal files concerning settlement negotiations.

The responding parties alleged they entered the agreement in reliance on misrepresentations and sought to set it aside, but did not plead reliance on legal advice.

The court adopted the two-part implied waiver analysis requiring that legal advice be material to the lawsuit and affirmatively put in issue by the party claiming privilege.

It held that merely placing state of mind in issue was insufficient, and that disclosure of a single email did not amount to selective disclosure waiving privilege over the broader solicitor-client communications.

The motion was dismissed.