Canada Life Mortgage Services Ltd. v. Leeside Estates Ltd.
The court refused leave for broad production of banking and CFIA records for lack of exceptional circumstances and tenuous relevance, but found exceptional circumstances and implied waiver/fairness justified limited disclosure of former solicitor Muttart's documents relating to the terms of his retainer and the content and timing of advice relevant to Lee's pleaded defenses and counterclaims, while excluding financial billing details.
- Citation
- 2002 NSSC 30
- Parties
- Plaintiff/defendant by Counterclaim: Canada Life Mortgage Services Ltd.; Defendants/plaintiffs by Counterclaim: Leeside Estates Ltd. and Byung K. Lee; Defendants by Counterclaim: Canuck Holdings Limited; Canuck Development Services Limited; Bruce Christmas; Andrew Cooke; Defendant by Counterclaim: Canada Mortgage and Housing Corporation
- Court
- Supreme Court of Nova Scotia
- Jurisdiction
- Canada
- Judgment Date
- 18 January 2002
- Procedural Posture
- Mortgage Foreclosure With Counterclaim (contract and Tort Claims) / Interlocutory Application for Production of Documents During Pre Trial Discovery
- Outcome
- Application partially granted and partially denied
- Legal Topics
- Discovery Rules, Waiver of Privilege, State of Mind Exception, Negligent Misrepresentation, Breach of Contract, Breach of Fiduciary Duty, Scope of Retainer
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Canada Life Mortgage Services Ltd.
Plaintiff/defendant by Counterclaim
Leeside Estates Ltd. and Byung K. Lee
Defendants/plaintiffs by Counterclaim
Canuck Holdings Limited; Canuck Development Services Limited; Bruce Christmas; Andrew Cooke
Defendants by Counterclaim
Canada Mortgage and Housing Corporation
Defendant by Counterclaim
Procedural Posture
Mortgage Foreclosure With Counterclaim (contract and Tort Claims) / Interlocutory Application for Production of Documents During Pre Trial Discovery
Legal Issues
- 1 Whether leave should be granted under Civil Procedure Rule 28.05(2)-(3) for further interlocutory discovery after notice of trial
- 2 Whether the banking and employment/CFIA documents sought were relevant and whether exceptional circumstances existed to justify discovery
- 3 Whether solicitor-client privilege over former solicitor Muttart's documents was waived or subject to the state-of-mind exception and thus producible
Ratio Decidendi
The court refused leave for broad production of banking and CFIA records for lack of exceptional circumstances and tenuous relevance, but found exceptional circumstances and implied waiver/fairness justified limited disclosure of former solicitor Muttart's documents relating to the terms of his retainer and the content and timing of advice relevant to Lee's pleaded defenses and counterclaims, while excluding financial billing details.
Court Disposition
Application partially granted and partially denied
Full Case Text
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