The decision addresses a motion for production of solicitors’ files in an estate dispute.
The applicant, Gary Brian Prosser, sought production of files, notes, and records relating to real estate transactions and wills of the deceased, Anne Jaun, and the respondent, Rudy Jaun.
The court held that Gary was entitled to Anne’s solicitors’ files but not to Rudy’s, as the latter were protected by solicitor-client privilege and no exception or waiver applied.
The court also found that the applicant had not met the onus to establish a secret trust or a right to the trust documents.
The motion was granted in part, ordering production of Anne’s documents only.
