Stockwoods wins application protecting the privilege of an investment trust

Stockwoods partners Paul Le Vay and Carlo Di Carlo were successful in resisting an application brought by a former employee seeking an order that documents (including emails) that she took from her employer at termination were not protected by solicitor-client privilege.  The Court rejected this application and upheld the privilege.  There are two key principles to take from the decision:

  • The normal rule that a trustee cannot claim privilege as against its beneficiaries does not per se apply to corporate/investment trusts.  The Court approached the issue realistically and observed that the corporate trustee came into possession of the privileged information as an operator of the investment trust and not as a trustee. 
  • It is not necessary to file evidence to prove that the information at issue is in fact privileged.  All that is required is reasonable evidence from which the court can infer a solicitor-client privilege relationship.

STOCKWOODS UPHOLDS STAY OF PROCEEDINGS IN $80 MILLION COMMERCIAL ACTION

JANUARY ISSUE OF THE STOCKWOODS ADMINISTRATIVE & REGULATORY LAW CASE REVIEW

Stephen Aylward joins the partnership at Stockwoods

Stockwoods successfully defends OSC quasi-criminal prosecution in CannTrust matter

Stockwoods listed as a Top Litigation Boutique for 2022 by Canadian Lawyer Magazine

Ted Marrocco to speak on law firm Cyber Security

Stockwoods listed as one of Canada’s best law firms by the Globe and Mail

STOCKWOODS LAWYERS WIN RARE APPEAL ON INTERIM CONTROL BY-LAWS

Stockwoods lawyers publish article on shareholder class actions and materiality

12 Stockwoods Lawyers Recognized in Best Lawyers 2023

JUNE ISSUE OF THE STOCKWOODS ADMINISTRATIVE & REGULATORY LAW CASE REVIEW

Carlo Di Carlo selected to The Advocates’ Society’s Commercial Litigation Practice Group

Carlo Di Carlo elected to OBA Class Action Section executive

STOCKWOOD WINS MULTI-MILION DOLLAR CONTRACT ARBITRATION

Carlo Di Carlo to talk on Commercial List advocacy
- Find a Lawyer -

Frank Marrocco

Paul Le Vay

Brian Gover

Luisa Ritacca

Brendan van Niejenhuis

Samuel M. Robinson

Andrea Gonsalves

Gerald Chan

Nader R. Hasan

Edward (Ted) Marrocco

Justin Safayeni

Fredrick Schumann

Carlo Di Carlo

Stephen Aylward

Ryann Atkins

Dan Goudge

Karen Bernofsky

Spencer Bass

Alexandra Heine

Yadesha Satheaswaran

Olivia Eng

Ephry Mudryk