The appellants' premises were searched pursuant to an Anton Piller order obtained by the respondents.
During the search, the respondents' solicitors seized electronic documents, some of which were subject to solicitor-client privilege.
The respondents' solicitors subsequently accessed and reviewed these privileged documents without the appellants' consent.
The appellants brought a motion to remove the respondents' solicitors of record.
The Supreme Court of Canada held that where lawyers obtain access to relevant solicitor-client confidences during an Anton Piller search, they bear the onus of rebutting the presumption of a resulting risk of prejudice.
The respondents' solicitors failed to discharge this burden and were removed from the record.
