Category Archives: Privilege

Cases dealing with various types of privilege (e.g., litigation or solicitor-client).

Important Ruling on Litigation Privilege

Posted on December 18, 2007 by Stephen Cavanagh

In what appears to have been a longstanding battle between Coseco Insurance Company and one of its insureds, Mr. Justice John Macdonald has released an important decision on the issue of litigation privilege. He dismissed the insurer’s appeal from a master’s … Continue reading →

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Court Holds That Defendant Entitled to See Complete Copies of Affidavits Filed on Motion for Court Approval of Settlement

Posted on December 14, 2007 by Stephen Cavanagh

Burns Estate v. Falloon addressed an issue that was raised at the recent Montebello Civil Litigation conference: on a motion for approval of the settlement of a claim by a person under a disability, is the defence entitled to be served with unexpurgated … Continue reading →

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Master Says Communications with Paralegal Are Privileged (in this case, at least)

Posted on July 24, 2007 by Stephen Cavanagh

In what is apparently the first case to consider the issue, Master R. Dash has held that communications passing between a paralegal and his client were privileged from production in a civil action. The case is an interesting one, partly … Continue reading →

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Privilege Waived on Expert’s Report After It Was Reviewed by Second Expert

Posted on June 26, 2007 by Stephen Cavanagh

UPDATE: We have learned that the plaintiffs have sought leave to appeal Justice Power’s decision. We will report the outcome of that motion, which is to be heard on July 20, 2007.  It is our understanding that the main (although not the … Continue reading →

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Master Orders Insurer to Produce Its Schedule B Documents

Posted on April 4, 2007 by Stephen Cavanagh

  Back in January, we posted a commentary about the Divisional Court’s decision in Smith v. London Life. The case dealt with production of an insurer’s file in a first party claim that was based on allegations of bad faith on … Continue reading →

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Judge Finds No Solicitor-Client Privilege Where Communication in Furtherance of a Tort

Posted on March 27, 2007 by Stephen Cavanagh

It is well-established that solicitor-client privilege will be lost where the communication between lawyer and client is in furtherance of a crime.  In Dublin v. Montessori Jewish Day School of Toronto, Mr. Justice Paul Perell ruled that the same result follows … Continue reading →

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Divisional Court Overturns Order Requiring Production of Insurer’s In-house Lawyer’s File

Posted on January 28, 2007 by Stephen Cavanagh

In Smith v. London Life Insurance Company, the Divisional Court reversed an order made by Superior Court Justice Gordon Thomson, who had directed the defendant London Life to produce “its entire claims file arising from a prior action between the parties, including … Continue reading →

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Third Party Action Against Plaintiff’s Expert Dismissed on Basis of No Duty of Care and “Witness Immunity”

Posted on January 16, 2007 by Stephen Cavanagh

In an interesting decision, just released, Mr. Justice De Lotbinière Panet dismissed a third party claim brought by a defendant against an engineering firm which had provided a report to the plaintiff. Vie Holdings Inc. v. Imperial Oil Limited was … Continue reading →

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C.A. Reverses Colleague, Holds that Counsel’s Memorandum of Discussion with Expert Not Producible

Posted on September 20, 2006 by Stephen Cavanagh

A three-member panel of the Court of Appeal today reversed a July decision of a single judge of that court. The earlier decision of Gillese J.A. was the subject of a previous posting in our blawg (“C.A. Takes Expansive View … Continue reading →

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C.A. Takes Expansive View of Expert’s Producible “Findings, Opinions and Conclusions”

Posted on July 27, 2006 by Stephen Cavanagh

UPDATE: This decision was reversed by a 3-member panel of the Court of Appeal on September 20, 2006. See our post.  Justice Gillese of the Ontario Court of Appeal yesterday released a ruling that will be of importance to all civil … Continue reading →

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