Just Smile and Waive: Ontario Court Affirms Receivers May Waive Solicitor-Client Privilege

Jessica Cameron, Kaitlyn Wong and Tom Kusch of Fasken summarize a recent case where the court affirmed a receiver’s ability to control solicitor-client privilege in order to perform its mandate, serving as an important reminder that solicitor-client privilege cannot be used as a shield by a company’s former directors in investigatory proceedings against them.