This is an appeal from a Master's order concerning two issues: security for costs and solicitor-client privilege over certain emails.
The security for costs issue was resolved by agreement during the appeal.
The primary issue remaining was whether emails sent by the plaintiff to his solicitor using a corporate email account were protected by solicitor-client privilege.
The court upheld the Master's decision, finding that the plaintiff had a reasonable expectation of privacy and that solicitor-client privilege, being a fundamental and substantive principle in Canadian law, was not waived despite the inadvertent disclosure of the emails.
The court distinguished solicitor-client privilege from general privacy expectations and rejected the application of American jurisprudence due to its narrower interpretation of privilege.
