Judicial officers should not inquire as to whether counsel are acting under instruction

Canada (Competition Bureau) v. Yellow Pages Marketing B.V., 2013 ONCA 71 is a useful source for the principle that except in extraordinary cases the  Court should not inquire as to whether counsel is properly instructed – that falls within privilege:

 

[11]         Furthermore, we do not agree that the application judge had any independent obligation to become involved in the nature and extent of the evidence called by counsel on behalf of the appellant.  Communications between counsel and client – meaning providing advice and taking instructions on how to present the case – are matters within the exclusive domain of client and counsel.  The court is entitled to assume that the lawyer is keeping the client informed of the developments in the case and their consequences, is providing the client with his best professional advice and is following the instructions received.  Other than in extraordinary circumstances such as when it is apparent that a conflict has arisen between the client and his or her counsel, the court should not, on its own accord, become involved in the actual presentation of the case.