Legal Blog

Solicitor-Client Privilege

J.D. Buote Professional Corporation v. McLeod 2022 Ont SCJ

In an action for payment of fees, the statement of claim included information that was otherwise solicitor client privileged. The motions judge held that a client did not waive that privilege, merely by refusing to pay the account. However, if the information were necessary to set out a proper claim, the lawyer could include it in the SOC. The judge ordered that all documents setting out privileged information be sealed and stated that, in the normal course, the lawyer setting out the facts should request the sealing order.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.