Article
Pleading Ignorance Has A Price: How A Commercial Tenant's Defence Triggered Deemed Waiver Of Solicitor-Client Privilege
When a commercial tenant alleged it did not understand the legal consequences of signing a 20-year lease extension, the Ontario Court of Appeal ruled that this litigation strategy triggered a deemed waiver of solicitor-client privilege. The decision clarifies how pleading amendments interact with privilege protection and establishes important boundaries for real estate litigants who place their legal understanding at the centre of their defence.
McCarthy Tétrault LLP