This interesting case dealt with a request to have an opponent lawyer’s file produced, which is generally considered private due to solicitor-client privilege. But in the right circumstances, a lawyer’s file can be compellable and produced to the opposing side, and this case met that exception. The case was a family law dispute, where the parties entered into a settlement that one of the spouses wanted to resile from on the grounds that the settlement was never properly explained to them by their lawyer. The court concluded that based on the position of the resiling party, the solicitor-client privilege was waived, and a “full copy” of their lawyer’s file had to be produced.
Shalaby v Nafei, 2022 ONSC 561
https://www.canlii.org/en/on/onsc/doc/2022/2022onsc561/2022onsc561.html