In its decision released last Fall in Davy Estate v. CIBC World Markets Inc. , the Ontario Court of Appeal affirmed an Ontario Superior Court order striking out a third party claim in which the defendant had tried to sue the plaintiff’s lawyer. The third party claim had alleged that the plaintiff’s lawyer had given the plaintiff bad advice on the mitigation of her damages. In addition to finding that the third party claim against the plaintiff’s lawyer could not succeed at law, the Court of Appeal also cited policy reasons against permitting one party to sue another party’s lawyer for alleged negligence; noting that such claims undermine a lawyer’s loyalty to their client and invade the sanctity of the lawyer-client relationship. [more] Full article

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. [more] Full article