Thursday, November 29, 2012

May a court require that a bankrupt disclose the identity of the person paying the bankrupt’s legal fees in proceedings arising out of the bankruptcy? No

Kaiser (Re), 2012 ONCA 838 holds the identity of the person paying legal bills for a bankrupt is privileged:

[16]       Whether a court may order disclosure of the identity of a person paying the legal fees of a bankrupt in proceedings arising out of the bankruptcy depends upon whether that information is protected by solicitor-client privilege.  For the reasons that follow, I am satisfied that, on this record, the identity of the person paying Mr. Kaiser's legal fees on the motion to remove Mr. Davis's firm as solicitors of record is protected by that privilege and ought not to have been ordered disclosed.


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