The defendants brought a motion to compel answers to questions refused on the examination for discovery of the plaintiff Gabriella Brockie.
The plaintiffs had refused to answer based on relevance and claims of solicitor-client, litigation, and common interest privilege.
The court found that solicitor-client privilege had been waived by implication due to fairness, as the plaintiffs were seeking reimbursement of legal costs under an insurance policy, thereby putting the nature of those costs directly in issue.
Litigation privilege was deemed inapplicable because the underlying Competition Bureau investigation had concluded, and the current action for indemnity did not share its essential purpose.
Common interest privilege was also rejected.
The motion to compel answers was granted, and a sealing order was issued for any answers required to be filed with the court.