Privilege & Releasing the Lawyer’s Will File Navigating the release of a lawyer’s will file can be a difficult task. The general rule is that the contents of a will file, including the will itself, is confidential and subject to solicitor-client privilege. The will file cannot be released to anyone during the will-maker’s life or after the will-maker’s death unless … Read More

Understanding the Doctrine of Unconscionable Bargain The doctrine of unconscionable bargain is a tool in any litigator’s arsenal that can be used to attack transactions. It is deeply rooted in case law in Canada and England. The Scenario: An older farmer and his neighbor enter into a transaction whereby he “sells” his farmland to the neighbor for a price well … Read More