PRACTICE |
Subpoenas |
Zarzour v. Canada
T-256-98
Pelletier J.
24/1/01
5 pp.
Motion to quash subpoenas--Plaintiff, inmate at La Macaza Institution of Correctional Service Canada (CSC), awarded unescorted temporary absence (UTA) by National Parole Board (NPB)--Absence cancelled because plaintiff allegedly conspired to bring drugs into La Macaza institution--Plaintiff brought action and claimed exemplary damages--In doing so he had subpoenas served on Ginette Collin and NPB members Lavallée and Beauchesne--Defendant asked Court to quash subpoenas in question--Ms. Collin legal counsel at CSC, which means defendant could rely on professional secrecy to block any question relating to content of exchange between Ms. Collin and CSC representatives--When legal counsel involved in management of undertaking, communications between counsel and managers not necessarily protected by professional secrecy--Communications not privileged if lawyer consulted as manager rather than in professional capacity--Advice given by counsel on matters outside solicitor-client relationship not protected--Question of whether Ms. Collin consulted as lawyer or manager one of fact to be decided at trial--Ms. Collin must obey subpoena--Subpoenas served on NPB members quashed as indirect manner of attacking decisions.