Case information
Consult our database for details on a Supreme Court of Canada case.
32916
E.F.A. Merchant, Q.C., et al. v. Law Society of Saskatchewan, et al.
(Saskatchewan) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-04-03 | Close file on Leave | |
| 2009-04-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-04-03 | Judgment on leave sent to the parties | |
| 2009-04-02 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number 1352, 2008 SKCA 128, dated October 9, 2008, are dismissed with costs. Dismissed, with costs |
|
| 2009-02-17 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
| 2009-01-07 | Respondent's response on the application for leave to appeal, Response to both applications, Completed on: 2009-01-07 | Law Society of Saskatchewan |
| 2008-12-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-12-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-12-10 | Correspondence received from, Murray Douglas dated December 10, 2008 RE: Clarification of form 25b | Michael Hunter |
| 2008-12-10 | Correspondence received from, Gordon Kuski dated December 10, 2008 RE: clarification of form 25b | E.F.A. Merchant, Q.C. |
| 2008-12-05 | Application for leave to appeal, Second application, Completed on: 2008-12-05 | Michael Hunter |
| 2008-12-05 | Application for leave to appeal, First application, Completed on: 2008-12-05 | E.F.A. Merchant, Q.C. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| E.F.A. Merchant, Q.C. | Applicant | Active |
| Merchant Law Group | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Law Society of Saskatchewan | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Hunter, Michael | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Law Society of Saskatchewan | Respondent | Active |
Counsel
Party: E.F.A. Merchant, Q.C.
Counsel
1500 -1881 Scarth Street
Regina, Saskatchewan
S4P 4K9
Telephone: (306) 757-1641
FAX: (306) 359-0785
Email: gkuski@mcdougallgauley.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Merchant Law Group
Counsel
1500 -1881 Scarth Street
Regina, Saskatchewan
S4P 4K9
Telephone: (306) 757-1641
FAX: (306) 359-0785
Email: gkuski@mcdougallgauley.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Hunter, Michael
Counsel
1400-2500 Victoria Ave
Regina, Saskatchewan
S4P 3X2
Telephone: (306) 525-7200
FAX: (306) 359-0590
Email: mdouglas@kanukathuringer.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Law Society of Saskatchewan
Counsel
Timothy F. Huber
1100 - 2002 Victoria Avenue
Regina, Saskatchewan
S4P 0R7
Telephone: (306) 569-8242
FAX: (306) 352-2989
Email: tom@lawsociety.sk.ca
Agent
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Law of professions - Barristers and solicitors - Privileged documents - Solicitor-client privilege - Legislation - Interpretation - Law Society seeking ability to search and seize privileged documents in course of investigating complaint against lawyer - Client not waiving privilege because complainant adverse in interest to client - Is the order granted by the Saskatchewan Court of Appeal an unjustifiable encroachment upon the fundamental principle of solicitor-client privilege? - Should the courts be permitting infringement of solicitor-client privilege when the enabling statute fails to provide adequate protections to maintain such privilege and confidentiality? - Proper application of absolutely necessary test in Descôteaux v. Mierzwinski, [1982] 1 S.C.R. 860.
The Applicant Hunter is a client of the Applicants Merchant and Merchant Law Group. In the course of litigation between Hunter and W, W obtained an interim order requiring Hunter to pay child support for their three children. W also obtained a court order binding both Hunter and Merchant Law Group to pay the first $50,000 of an outstanding residential school claim by Hunter, into court. Before Merchant Law Group successfully appealed the order as against itself, W heard that Hunter had received monies from the residential settlement. She brought contempt of court proceedings and filed a complaint with the Respondent Law Society against Merchant and Merchant Law Group. After failing to obtain the information it wanted in the course of its investigations, the Law Society applied for an order pursuant to s. 63(3) of The Legal Professions Act, 1990, S.S. 1990, c. L-10.1 to authorize an auditor/inspector for the Law Society to enter the office of Merchant Law Group to search, seize and take possession of various records.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
962 of 2006, 2006 SKQB 369
Applicant’s application for judicial review, granted; findings of Law Society’s Hearing Committee, quashed.
Court of Appeal for Saskatchewan
1352, 2008 SKCA 128
Appeal allowed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available