The defendants brought a motion to compel the plaintiffs' affiants to answer undertakings and refusals from their cross-examinations.
The primary issue was whether the plaintiffs waived solicitor-client privilege over their counsel's file regarding a business sale by placing their state of mind and legal advice in issue in their pleadings and affidavits.
The court found that the plaintiffs had waived privilege and ordered the production of the entire file and answers to related questions.
However, the court upheld refusals relating to the Assignment of Guarantees, legal accounts, and questions of law or relevance.
The motion was granted in part.
