Almecon Industries Ltd. v. Anchortek Ltd.
T-992-92
Giles A.S.P.
2/10/98
3 pp.
Claim for privilege in legal opinions given to Anchortek with respect to alleged patent infringement by device made by Anchortek-Anchortek giving copies of those opinions to respondent Western, retailer of such devices, accompanied by covering note indicating delivered because of threatened litigation and because Western to help Anchortek in anticipated law suit-Covering note incorporating by reference lawyer's letter indicating solicitor/client privilege attaching to opinion-In another action now consolidated with this action, Western producing privileged documents on discovery-In accepting documents, Western became obliged to maintain confidentiality-Release by one party with common interest to other party not of itself waiving privilege in documents: Buttes Gas and Oil v. Hammer (No. 3), [1980] 3 All E.R. 475 (C.A.)-Whether interest joint or common, one party can claim privilege but all must waive it-Plaintiff not entitled to make use of information against Anchortek: Double-E, Inc. v. Positive Action Tool Western Ltd., [1989] 1 F.C. 163 (T.D.)-Privilege belonging to Anchortek-Western could not on own waive that privilege-Party having privileged document who shares that document with second party having joint or common interest in litigation not authorizing second party to waive privilege-Privilege here continuing to exist in subject documents-Anchortek not required to answer questions with respect to them.