CASE NO. VOL. NO. PAGE
Cite as: Maritime Life Assurance Company v. Hartford Accident and Indemnity Company, 1998 NSCA 161
THE MARITIME LIFE - and - HARTFORD ACCIDENT AND ASSURANCE COMPANY INDEMNITY COMPANY and
THE GUARANTEE COMPANY
OF NORTH AMERICA
Appellant Respondents
C.A. No. 145016 Halifax ROSCOE, J.A.
APPEAL HEARD: September 22, 1998
JUDGEMENT DELIVERED: September 24, 1998
SUBJECT: Practice, Conflict of Interest
SUMMARY: Documents belonging to the appellant that had been determined by the Supreme Court to be subject to solicitor/client privilege mistakenly came into possession of the respondents’ solicitors, who transcribed them onto a computer and disclosed their content to employees of the respondents.
An application to remove the solicitors was dismissed, and an
injunction prohibiting use of the documents was granted as a remedy.
ISSUE: Whether the Chambers judge applied wrong principles or the result of the order was a patent injustice.
RESULT: Appeal dismissed without costs. The Chambers judge gave careful consideration to the issues and the competing interests and applied the proper principles of law.
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