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Solicitor-client privilege generally entitles clients to seek and obtain legal advice without fear that those communications will later be disclosed – a foundational doctrine in the Canadian legal system.
However, a recent case from the Ontario Court of Appeal (“ONCA”) shows that in some cases, privilege may be lost where a party relies on its understanding of its legal position in its court pleadings – even without expressly referring to the legal advice it has received.
We review that case – One York Street Inc. v. 2360083 Ontario Limited, 2026 ONCA 176 – below.
One York Street - Background
The dispute arose out of a commercial lease for premises in a Toronto shopping centre between One York Street Inc. (the “Landlord”) and two corporations operating a chain of supermarkets (the “Tenants”). When the Tenants fell into arrears, the Landlord commenced an action for unpaid rent and damages.
