Can a master order that encroaches on solicitor/client privilege?
Ontario, Canada
The following excerpt is from Tolia v. Ayyub, 2008 CanLII 63193 (ON SC):
It is not per se an error of law to make an order that encroaches on solicitor/client privilege. There is a judicial discretion to do so in the context of any particular case. See for example, Antongiovanni v. Phung [2001] O.J. No. 4659. The decision is a discretionary one. I agree with counsel for the plaintiff that relevance does not trump privilege unless there is a compelling reason. However, in the particular circumstances of this case, I cannot conclude that the master exercised his discretion based upon wrong principles.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a Master's refusal to stay the judgment on an appeal from a Master’s exercise of exercise by the Master? (Ontario, Canada)
When one parent is subject to a deportation order, can the court order a non-removal order? (Ontario, Canada)
What is implied waiver of privilege where the holder of privilege takes some action or position inconsistent with the maintenance of privilege? (Ontario, Canada)
What is the test to prove that continuation of a support order would be continuation of the order if the support order is not inconsistent or absurd? (Ontario, Canada)
Does a Master or Judge in chambers have the power to amend an Order of Appeal where the Master has appealed from the Court of Appeal? (Ontario, Canada)
What is the test for a court to order a temporary order or custody order in a custody matter? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
What are the consequences of a Director's Delegate's Order and Order to quash or to set aside or quash the two orders and decisions? (Ontario, Canada)
What is the test for lifting a stay of execution on a motion to lift an order that would have lifted the stay of an order requiring the lifting of the order? (Ontario, Canada)
