Celanese--Case Comment--Thumbs Up

The tabloids will be all over this one. Apparently, a plaintiff who obtains an Anton Pillar order and whose solicitors thereby, through lack of care, get access to a defendant's privileged documents bear the burden of showing that the defendant was not prejudiced in order to avoid an application to have said counsel removed from the case. The burden of proof is not, as the Court of Appeal mistakenly held, on the innocent defendant.

SCC to Bay Street Boys: if we are going to hammer cops who screw up search warrants in the control of crime, we are going to hammer you if you screw up on coercive searches in the pursuit of commercial litigation.

I'd say this is a big, "What was the Court of Appeal thinking?" one. Thumbs up.