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Motion to stay receivership dismissed because moving parties waived privilege by using third-party email server.
This motion, brought by the Van Essen Companies and Wouter Van Essen, sought to strike evidence, grant judgment, and stay proceedings in a receivership, alleging unauthorized access to their privileged records by the court-appointed Receiver (FTI Consulting Inc.) and the appointing creditor (MBL Administrative Agent II LLC).
The court dismissed the motion, finding that the Van Essen Companies failed to establish that the records were intended to be confidential, as Wouter Van Essen knowingly used a Techlantic email account (a third-party entity he considered arm's length) for business and personal communications, including those with legal counsel, and shared emails with Techlantic's senior officer.
The court concluded that the prerequisite for privilege (confidentiality) was not met, and even if it were, privilege was waived by the knowing use of a third-party server and delayed notification to the Receiver.
Motion to intervene denied as proposed arguments were duplicative, late, and deponent refused cross-examination.
Lawyers Rights Watch Canada brought a motion to intervene as a friend of the court in an appeal concerning the enforcement of a Singaporean civil judgment.
The moving party sought to argue that Canadian courts should refuse to enforce judgments from corrupt legal systems.
The Court of Appeal dismissed the motion, finding that the proposed intervention would largely repeat the appellant's arguments in an essentially private commercial dispute.
The court also noted the motion was brought extremely late and the moving party improperly refused to produce its deponent for cross-examination.
