Background:
Lisa Thomson, L.L.T. Holdings Inc., and 550934 B.C. Ltd. (Plaintiffs) brought claims against A.R. Thomson Group (Defendant) and James Thomson as Executor of the Estate of Allan Thomson. The case involved disputes over a 2009 reinstatement agreement allegedly made between Lisa Thomson and Allan Thomson, issues of privilege over legal advice, and procedural compliance.

Legal Issues:
The key issue was whether Lisa Thomson waived solicitor-client privilege over certain documents (“Attisha Documents”) by referencing them in affidavits and testimony. The Defendant, A.R. Thomson Group, sought the documents, claiming they were put into issue. The Plaintiffs opposed on grounds of procedural non-compliance and lack of implied waiver under legal principles governing privilege.

Rulings:
Madam Justice Watchuk dismissed the application for disclosure by A.R. Thomson Group. She ruled the Defendant failed to comply with procedural rules and did not establish that the Plaintiffs impliedly waived privilege. The court found the disclosure made by Lisa Thomson was limited and did not justify a broader waiver.

Costs Awarded:
The court awarded costs of the application to the Plaintiffs, in any event of the cause. The specific amount of costs was not detailed in the judgment.

Conclusion:
The court reaffirmed principles of solicitor-client privilege and procedural compliance in litigation. The Plaintiffs prevailed on this disclosure application, maintaining privilege over the contested documents.