Brett v. Superior Propane Inc.

Brett v. Superior Propane Inc.

Applicant failed to establish that the prior retainer was sufficiently related to infer relevant confidential information was imparted; the delay in raising the complaint prejudiced respondent; and Civil Procedure Rule 48.02(c) does not effect a waiver of solicitor-client privilege such that respondent's solicitor is compellable; accordingly the application to remove counsel and to compel discovery of the solicitor is dismissed.

Citation
2002 NSSC 78
Parties
Applicant/plaintiff: Bruce Brett; Respondent/defendant: Superior Propane Inc.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 March 2002
Procedural Posture
Civil Litigation / Interlocutory Application to Remove Solicitors and to Compel Discovery
Outcome
Application dismissed
Legal Topics
Disqualification of Counsel, Compellability of Solicitor, Waiver of Privilege, Recovery Order, Priority of Mortgage
Source Language
English
Civil Procedure Professional Conduct / Conflict of Interest Evidence / Solicitor Client Privilege Property / Security Interests Disqualification of Counsel Compellability of Solicitor Waiver of Privilege Recovery Order +1 more

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Parties

Bruce Brett

Applicant/plaintiff

Superior Propane Inc.

Respondent/defendant

Procedural Posture

Civil Litigation / Interlocutory Application to Remove Solicitors and to Compel Discovery

Legal Issues

  1. 1 Whether McInnis Cooper acted for the applicant or in a related matter such that confidential information may have been imparted and disqualification is warranted
  2. 2 Whether counsel for the respondent, John Kulik, is compellable to be discovered under Civil Procedure Rule 48.02(c) or whether solicitor-client privilege prevents discovery

Ratio Decidendi

Applicant failed to establish that the prior retainer was sufficiently related to infer relevant confidential information was imparted; the delay in raising the complaint prejudiced respondent; and Civil Procedure Rule 48.02(c) does not effect a waiver of solicitor-client privilege such that respondent's solicitor is compellable; accordingly the application to remove counsel and to compel discovery of the solicitor is dismissed.

Court Disposition

Application dismissed

Orders

  • Application to remove McInnis Cooper and to compel discovery of John Kulik dismissed.
  • Costs awarded to the respondent in the amount of $1,000 payable in any event of the cause.