What is a solicitor's duty to return documents from opposing counsel that are governed by solicitor client privilege?
Ontario, Canada
The following excerpt is from 2000768 Ontario Inc. v. 514052 Ontario Ltd., 2006 CanLII 37124 (ON SC):
In circumstances where a solicitor receives documents from opposing counsel that are governed by solicitor client privilege, he has a duty to return the documents without retaining copies and, if possible, without reading the documents. If there is doubt as to whether the documents are properly privileged then they should be sealed and direction sought from the court: Chan v. Dynasty Executive Suites Ltd., [2006] CanLII 23950 (ON S.C.J.) at paragraph 74.
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