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The court ordered limited production of solicitor files concerning estate planning documents, finding the wills exception applied where undue influence and true intention were in issue.
The provincial court judge lacks jurisdiction to quash subpoenas issued under s.698 or to entertain a party's application to excuse subpoenaed witnesses under s.700(2); s.700(2) governs the obligations of subpoenaed persons and only those persons may seek to be excused, therefore the proper remedy to challenge a subpoena is by application to a superior court (certiorari).
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The court held that privilege was impliedly waived when counsel used privileged information in a settlement letter and ordered production under Rule 7-1(18).
The motion to strike was dismissed primarily because the fresh step rule (Tax Court Rules s.8) barred attacking most impugned provisions filed years earlier and after the Appellant took further steps, and because the Appellant failed to establish that prior discovery statements or the prior interlocutory order constituted clear judicial admissions or issue estoppel that would preclude the Respondent from pleading sham or using conditional language; paragraph 5.1 and subparagraph 5.2(b) were likewise not struck for being non-prejudicial, conditional or properly pleaded.
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The court ordered limited document production and cross-examination on implied undertaking issues, but refused to compel Dr. Scott materials or strike defective affidavits.
The court held that automatic production of a written IME report is not a matter of course and requires special circumstances; no prompt production order was made here.
The court held that non-party John Darch had no standing on an application for privilege waiver and discovery-related relief in a fraud-based action.
The court held that post-collision MSP and Pharmanet records in counsel’s file were relevant, but their copies were protected by litigation privilege and not producible.
The court granted the appointment of an independent referee to examine the computers because the devices are likely to contain relevant electronic information and there is a reasonable possibility of solicitor-client privileged material; under the Rules the party in possession (the Estate of the late Franklyn D. Medjuck) bore the primary obligation to preserve and disclose such information and, given that the privilege issue was created by the deceased's use of the computers, the Estate must bear the total necessary and reasonable costs of the referee (the Estate to be treated as responsible…
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Court held the Crown may use the forensic analysis of the seized smartphone subject to protection for any solicitor-client privileged items identified by defence counsel after a supervised review; ordering the accused's counsel to review Exhibit A to identify and redact privileged material, with the court maintaining supervisory review, is an appropriate and proportionate procedure in these circumstances.
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