Canada Case Law

Nouhi v. Pourtaghi

Court

Supreme Court of British Columbia

On the evidence before the Registrar the defendants did not comply with the Production Order because the August 2025 List fails to provide sufficient, particularized evidence to support claims of solicitor‑client or litigation privilege or irrelevance for the listed documents, and the defendants' affidavits incorrectly represented that the Registrar had found compliance; accordingly production is inadequate and non‑compliance is found.

Source excerpt

• Production order
• Solicitor‑client privilege
• Litigation privilege
• Special costs
• Document disclosure
• Compliance with court order

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AGT Food and Ingredients Inc. v. Fibreco Export Inc.

Court

Supreme Court of British Columbia

The court granted limited document production in a multi-party abuse of process dispute, finding a prima facie case of undisclosed cooperation and settlement, but refused broader requests.

• Settlement disclosure
• Common interest privilege
• Solicitor-client privilege
• Waiver of privilege
• Sable offshore exception
• Document production under rule 22-1(4)

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De Angelis v. Siermy

Court

Supreme Court of British Columbia

The court held that special costs assessment does not require blanket waiver of privilege, but ordered tailored disclosure of invoices and withheld-document listings.

• Special costs assessment
• Disclosure of counsel's files
• Solicitor-client privilege
• Litigation privilege
• Implied waiver
• Proportionality and natural justice

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R. v. Swaine

Court

Court of Appeal for Ontario

Leave to intervene was granted to the Office of the Chief Justice of the Superior Court of Justice and the Ontario Superior Court Judges' Association with specified terms because both would make useful, specialized contributions on privilege and institutional interests; the Crown's sealing application was dismissed because r.27(10) protects only completed records compiled in support of a fresh evidence motion and does not apply to materials filed on ss. 682 and 683 applications, so mandatory sealing was not available.

Source excerpt

• Intervention
• Sealing orders
• Fresh evidence
• Section 682
• Section 683
• Solicitor-client privilege

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Pacific Sands Beach Resort Ltd. v. Co- Operators General Insurance

Court

Supreme Court of British Columbia

The court found an implied subject-matter waiver of solicitor-client privilege and ordered production of related counsel-file documents, Part 4 documents, and attachments.

• Solicitor-client privilege
• Waiver of privilege
• Document production
• Discovery
• Bad faith
• Solicitor-client-privilege

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Starrs v. Troczynski

Court

Supreme Court of British Columbia

The court ordered production of the plaintiff’s employment file but refused disclosure of an investigative report, finding no solicitor-client privilege yet protecting non-party witness privacy and safety.

• Solicitor-client privilege
• Third-party document production
• Privacy of witnesses
• Whistleblower protection
• Rule 7-1(18)
• Solicitor-client-privilege

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Stack v. The King

Court

Tax Court of Canada

After in camera review the Court concluded the five identified documents were communications prepared and transmitted in the course of legal retainer and met the requirements for solicitor-client privilege; accordingly the Respondent's motion for unredacted production of those documents was denied and the redacted versions may be retained.

Source excerpt

• Solicitor-client privilege
• Document production
• Examination for discovery
• Redaction
• Costs

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In the matter of an application by [_..._] for warrants pursuant to Section 16 and 21 of the Canadian Security Intelligence Service Act

Court

Federal Court

Federal Court guidance on CSIS warrants, solicitor-client privilege, and when incidentally intercepted privileged communications may be handled, retained, or used.

• Solicitor-client privilege
• Litigation privilege
• Csis warrants
• Section 12 csis act
• Section 16 csis act
• Section 21 csis act

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Coopers Park Real Estate Development Corporation v. The King

Court

Tax Court of Canada

Motion granted in part: the Appellant must provide further and complete answers to specified discovery questions and must disclose most of the contested documents (with a limited redaction to the Moskowitz & Meredith engagement letter and one email chain held privileged), but is not required under Rule 81 to make inquiries of former third-party advisors; compliance within 60 days and costs in the cause.

Source excerpt

• General anti-avoidance rule (gaar)
• Examination for discovery
• Solicitor-client privilege
• Third-party document production
• Proportionality in discovery

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Yen v. Ghahramani

Court

Supreme Court of British Columbia

The court refused most disclosure sought in a shareholder dispute, finding no joint retainer with counsel and no waiver of privilege, except for buyback documents involving both sides.

• Solicitor-client privilege
• Common interest privilege
• Waiver of privilege
• Share buybacks
• Oppression remedy
• Breach of contract

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