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ARTICLE · 28 DECEMBER 2022

Joint Retainers May Be Deemed To Have Ended Upon The Start Of An Adversarial Relationship

McCarthy Tétrault
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In the recent decision of Capital Sports v. Trinity, 2022 ONSC 6128, the Divisional Court has examined the limits of solicitor-client privilege with regards to an joint retainer in the context...

CanadaLitigation, Mediation & Arbitration
Canadian Appeals Monitor
Canadian Appeals Monitor
Atrisha Lewis
Atrisha Lewis
Todd Pribanic-White
Todd Pribanic-White
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In the recent decision of Capital Sports v. Trinity, 2022 ONSC 6128, the Divisional Court has examined the limits of solicitor-client privilege with regards to an joint retainer in the context of a joint venture. The court found that an implied joint retainer may end once the joint venture partners become adverse to each other. The Court made this finding in the context of the joint venture continuing past the period of adversity.

Capital Sports Management Inc. recently appealed a decision1 and further addendum2 ordering production of certain solicitor-client documents relating to a failed joint venture between Capital Sports and Trinity Development Group Inc.

The Joint Venture

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