This motion concerned a solicitor's negligence claim where the defendants sought further and better production of documents from the plaintiff, including a particularized Schedule 'B' for privileged documents.
The plaintiff brought a cross-motion to amend the statement of claim, notably to include a Charter-based claim against the defendants.
The court granted the defendants' motion for further production, emphasizing the plaintiff's obligation for fulsome disclosure in a solicitor's negligence claim, and ruled that solicitor-client privilege was impliedly waived regarding the legal advice and litigation strategy in the underlying criminal matter.
The court denied the plaintiff's proposed Charter amendment, finding no legal basis for such a claim against a private actor.
