The court reviewed documents listed in a supplementary affidavit of documents to determine the validity of claims for solicitor-client privilege.
The documents consisted of communications between a principal of the plaintiff corporation and U.S. counsel.
The court held that most of the communications remained privileged; however, certain documents either were not privileged or had privilege waived due to the plaintiffs’ pleadings placing the receipt of legal advice in issue.
Where the pleadings raised the question of whether the plaintiffs had legal representation or transactional advice during the relevant period, privilege was found to be waived for specific communications.
The court ordered production of certain documents while maintaining privilege over the remainder.
