EVIDENCE - Solicitor-client privilege

Law360 Canada ( March 23, 2022, 6:36 AM EDT) -- Motion by Jean-Sebastien Leroux (“Leroux”) for an order that a series of emails between himself and his former lawyer, sent from or to his Proex Inc. (“Proex”) work email account, be removed from Proex’s affidavit of documents on the basis that they were solicitor-client privileged. Leroux founded Proex and was its President and Chief Executive Officer. Alten Canada Inc. (“Alten”) acquired Proex. Leroux continued as CEO of Proex, now a subsidiary of Alten, pursuant to an employment agreement. Whereas he formerly reported only to the board of directors, he now reported to the Chief Operating Officer of Alten, Creneau. Leroux was terminated and commenced this action. The emails that Leroux sought to exclude were emails between him and his former lawyers regarding his employment with Proex. The emails were sent to and from Leroux’s Proex company email account. Proex discovered the emails during the discovery process in connection with this litigation. Proex served a Supplementary Affidavit of Documents consisting only of the emails. Leroux’s evidence was that throughout the whole time of his employment with Proex, he used his Proex email address for both professional and personal purposes....
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