It has not taken long for Ontario litigants to begin feeling the impact of the recent decision by Canada’s Supreme Court that protection of solicitor-client privilege required the removal of plaintiff’s counsel in Celanese Canada Inc. v. Murray Demolition. If there was any doubt as to the serious consequences that can flow from counsel’s receipt and review of an opposing party’s privileged documents, that doubt was surely erased for a defendant that was recently deprived of its counsel of choice at the beginning of trial.

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Competition is fierce among investment firms for top producing brokers and, more importantly, their books of business. Often this competition rears its head in the form of litigation against departing brokers and the new firms that employ them.

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In its recent decision in Celanese Canada Inc. v. Murray Demolition Corp. the Supreme Court of Canada unanimously favoured protecting solicitor-client privilege over the right to be represented by one’s solicitor of choice.

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Can consumers who obtain a defective product for free recover profits earned by the manufacturer, even though those consumers suffer no damages whatsoever? Most non-lawyers would likely say: no. However, the Ontario Divisional Court recently affirmed a decision certifying a class action against Johnson & Johnson that raises this question.

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In its first review of the lifespan of litigation privilege, the Supreme Court of Canada has recently ruled that, unlike solicitor-client privilege, it ‘expires with the litigation of which it was born.’

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