Good afternoon.
Following are this week's summaries of the Court of Appeal for
Ontario for the week of May 1, 2023.
In Ontario (Auditor General) v. Laurentian
University, the Auditor General brought an application for a
declaration that s. 10 of the Auditor General
Act gave it the right to certain solicitor-client
privileged documents belonging to Laurentian University in the
course of an audit of the university. The Court reaffirmed the
principle that there must be a clear and unambiguous legislative
intention to abrogate privilege, which was not present in this
case. Accordingly, the Auditor General was not entitled to the
privileged information.
In Ferraro v. Neilas, the appellants appealed the
summary judgment granted against them on guarantees they gave in
respect of a 2012 syndicated first mortgage financing of a small
residential condominium project. The motion judge interpreted the
related agreements so as to extend the guarantee of the mortgage to
a
