November 6, 2023

Man With Unauthorized Access to Solicitor-Client Communications Barred From Defending Application

Interviewed by Law Times, Tom Curry shared his expert insights on the dispute in 2177546 Ontario Inc v 2177545 Ontario Inc. Tom acted for the appellant in the appeal. In his interview, Tom explains that while the justice system is used to dealing with the inadvertent disclosure of information in a civil action, a different set of problems arise in the context of an application because there is not the same disclosure of information regime.


“[Tom] Curry says the fact that the court was not persuaded to order a less punitive remedy demonstrates that Continental Currency Exchange Canada Inc. v. Sprott, 2023 ONCA 61 applies widely and strictly.

‘It will have an impact. It's a strong signal from the Court of Appeal that if a party has access to privileged information, they've got to address it and demonstrate why there has been no prejudice to their opponent,’ he says.

‘It's a real warning from the court about the consequences of not addressing it in the way that Continental Currency has described. It's very important guidance.’”