In a decision released today, Stockwoods partners Paul Le Vay, Sam Robinson, Ted Marrocco and Stephen Aylward succeeded in upholding the decision of the Superior Court granting a permanent stay of proceedings terminating an $80 million claim against their clients in a complex commercial action. The Court of Appeal confirmed that prejudice is presumed when a party comes into possession of an opponent’s privileged information. The plaintiffs were found to have come into possession of privileged information belonging to the defendants and were unable to rebut the presumption of prejudice that followed. The Court of Appeal agreed with the judge below that, in the circumstances, a stay of proceedings was the only viable solution as allowing the plaintiffs’ action to proceed in the circumstances would be manifestly unfair to the defendants and would bring the administration of justice into disrepute.
