The Crown sought directions regarding solicitor-client privilege over financial documents (cheques and statements of account) obtained from financial institutions during a fraud investigation against the defendants.
The court ruled that cheques to or from a lawyer/law firm are presumptively not privileged when obtained from a financial institution, as they reflect transactions, not communications.
Even if presumed privileged, that presumption was rebutted in this case.
For legal invoices, the court ordered that copies be securely retained until the conclusion of proceedings or destroyed, and that a vetted copy of seized records be made for disclosure.