Counsel Comments provided by Dan McDonald, Q.C. and Joanne Luu,
Counsel for the Respondent James Emsley Thomas Hooton, as
Litigation Representative of the Estate of Carol Mary Lascelles
Gault
While the appeals arose from distinct interlocutory issues, they
were heard together for reasons of efficiency. This led to an
interesting dynamic given that the emergence of
"privilege" as the overarching theme. The parties had to
walk a fine line because, on the first appeal, the Appellant argued
that he was entitled to question Carol's lawyer and accountant
on "neutral facts", notwithstanding the principles of
solicitor-client and litigation privilege. However, on the second
appeal, the Appellant, sought to resist disclosure of the amount of
gross legal fees in the quarterly accounting he was ordered to
provide as Trustee of the Leslie Gault Estate. He argued that the
disclosure of even the amount of gross legal fees— without
any description of the services rendered— violated
