Halifax Shipyard Ltd. v. Canada ( Minister of Public Works and Government Services )
T-454-96
MacKay J.
17/5/96
7 pp.
Appeal from Prothonotary's order recognizing solicitor-client privilege in letter dated August 22, 1995-Preliminary motion requesting matter not be heard due to filing of application on short notice dismissed-Motion served on proper day but after 5:00 p.m., close of business in respondent's office-Service not technically outside scope of R. 320-Applicant company bidding on contract for services with Department of National Defence (DND)-Applicant's bid highest score among four bidders but rejected because failed to meet certain requirements of request for proposals-Applicant claiming lack of fairness and letter allegedly setting out DND's position on matter-Appeal dismissed-Advice from counsel in Department of Justice to other departments of Government may well be subject to solicitor-client privilege-Advice from Judge Advocate General's Branch of DND intended to be confidential similarly subject to privilege-Letter in question concerns legal responsibilities arising in course of considering bids submitted in relation to invitation which may result in contract-Making letter available to Department of Public Works not waiver of privilege-On authority of Samson Indian Nation and Band v. Canada, [1995] 2 F.C. 762 (C.A.), executive branch of Government of Canada client, indivisible-Legal advice given to one branch and made available to another branch of executive retains privileged status.