The defendant brought a motion for the production of notes and records from the plaintiff's counsel's file.
The plaintiff had previously moved to amend his statement of claim to withdraw an admission that he resigned, alleging his counsel made a drafting error and that he had actually been terminated.
The court found that by putting his communications with his counsel into issue to explain the alleged error, the plaintiff waived solicitor-client privilege over those specific communications.
The motion was granted in part, ordering the production of direct communications between the plaintiff and his counsel regarding how his employment ended.
