SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: CRIMJ(P) 754/10
DATE: 2012 10 23
RE: HER MAJESTY THE QUEEN v. MIKE LEONARD RUTIGLIANO and BARRY PIERSON
BEFORE: Hill J.
COUNSEL:
L. Morgan, for Her Majesty the Queen
J. Wilkinson, for Mr. Pierson
HEARD: October 23, 2012
E N D O R S E M E N T
[ 1 ] Mr. Pierson makes a successive privilege application relating to private communications to which he was a party intercepted by the police during the course of the investigation in this case. The applicant seeks the following relief:
(1) Declare that the audio recordings for the following sessions that were produced to Mr. Pierson’s counsel in the course of the disclosure process are subject to solicitor-client privilege:
(a) on line (416) 726-1317: session 623 and the duplicate session 624; and
(b) on line (647) 898-8435: sessions 350, 2047, 2052, 2106, 2108, 2110, 2112, 2167 and 2302.
(2) That the affidavit of Barry Pierson sworn September 20, 2012 in support of the application remain sealed to protect the privilege.
[ 2 ] Available to the Crown were the Notice of Application for Declaration of Privilege dated September 20, 2012 and an Executive Summary of Materials Filed on Motion prepared by Mr. Wilkinson (Exhibit #74).
[ 3 ] Upon listening to the relevant audio interceptions and reading the affidavit of the applicant, the court had an adequate foundation to determine that Mr. Pierson established the existence of a valid solicitor-client privilege in the communications for sessions 623, 624, 350, 2047, 2052, 2106, 2108 and 2112. In each of these circumstances, Mr. Pierson was engaged in conversation with a solicitor in the course of a professional retainer relationship discussing issues directly involved in the giving and receipt of legal advice.
[ 4 ] Sessions 2167 and 2302 involve a solicitor leaving a recorded message for Mr. Pierson to return the call without any communicative content falling within the scope of solicitor-client privilege.
[ 5 ] The applicant’s affidavit is properly sealed as Exhibit #73 in order to protect the privilege described at para. 3 above.
[ 6 ] Order accordingly.
Hill J.
DATE: October 23, 2012
COURT FILE NO.: CRIMJ(P) 754/10
DATE: 2012 10 23
SUPERIOR COURT OF JUSTICE - ONTARIO RE: HER MAJESTY THE QUEEN v. MIKE LEONARD RUTIGLIANO and BARRY PIERSON BEFORE: Hill J. COUNSEL: L. Morgan, for Her Majesty the Queen J. Wilkinson, for Mr. Pierson ENDORSEMENT Hill J.
DATE: October 23, 2012