The defendants in three related actions (a tort action, an OPCF underinsured motorist action, and a solicitor's negligence action) brought motions to consolidate the proceedings or have them heard together, and to dispense with the deemed undertaking rule.
The plaintiff opposed the inclusion of the solicitor's negligence action and the waiver of solicitor-client privilege.
The court ordered that the three actions be tried together or one after the other, subject to the trial judge's discretion.
However, the court held that the plaintiff's waiver of solicitor-client privilege applied only to the solicitor's negligence action and refused to dispense with the deemed undertaking rule for evidence obtained in that action, protecting the plaintiff's privilege in the tort and OPCF actions.
