The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Divisional court clarifies narrow future crimes / fraud exception to solicitor-client privilege

The recent decision of the Divisional Court in Industrial Alliance Securities Inc. v. Kunicyn has clarified the test for the very narrow future crimes/fraud exception to solicitor-client privilege. This was an appeal of a motion brought by Ms. Kunicyn after Industrial Alliance (“IA”) refused to answer questions on an examination for discovery.  This action arose from the termination of an agency agreement between Ms. Kunicyn and Industrial Alliance (“IA”) after IA believed that Ms. Kunicyn was allowing an unlicensed person to act as an investment advisor to her clients. The Investment Industry Regulatory Organization of Canada (“IIROC”), investigated these events ... [more] Full article


Lawyer-Client Privilege Contributors

Karen Bernofsky

Karen Bernofsky

Affleck Greene McMurtry LLP

Karen Bernofsky is a strong advocate with a focus on commercial litigation and delivering cost-effective solutions. She advises and represents clients in a broad range of complex insurance matters, construction matters and commercial disputes, including breach of contract and invoice disputes. Karen is also a skilled negotiator with a proven track record in effective mediation advocacy. She has appeared before all levels of courts and administrative tribunals in Ontario as well as before the Federal Court of Canada.

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