1185740 Ontario Ltd. v. M.N.R.
A-333-98
Sexton J.A.
15/9/99
4 pp.
Appeal from Motions Judge's rejection of application pursuant to former R. 1612 for production of materials possessed by Minister which appellant wishes to use in application for judicial review-Minister already producing two memoranda before him when made decision, study mentioned in memorandum-In determining whether certain deleted portions of two memoranda protected by solicitor-client privilege, Motions Judge expressed view since excerpted portions truly legal advice, respondent could not be compelled to produce them-Since Motions Judge not having excerpted portions before him, unable to determine whether or not solicitor-client privilege arising or whether waived-Court must examine actual statements said to be privileged in order to draw conclusion as to whether privilege arising or whether waived: R. v. Campbell, [1999] 1 S.C.R. 565; Solosky v. The Queen, [1980] 1 S.C.R. 821-Appeal allowed-Motions Judge's decision set aside, remitted to him to review expunged portions in order to determine whether solicitor-client privilege existing-If "attachments" to memoranda, should be produced-If no such attachments respondent should be allowed to file affidavit material to this effect-Federal Court Rules, C.R.C., c. 663, R. 1612 (as enacted by SOR/92-43, s. 19).