Cushing et al. v. Hood, 2007 NSSC 97

• Jurisdiction: Nova Scotia
• Judge: Boudreau, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Citation: 2007 NSSC 97,(2007), 253 N.S.R.(2d) 331 (SC)
• Date: 18 December 2006

Cushing v. Hood (2007), 253 N.S.R.(2d) 331 (SC);

    807 A.P.R. 331

MLB headnote and full text

Temp. Cite: [2007] N.S.R.(2d) TBEd. AP.019

Wendy Cushing, Future Group Realty Limited and Russell Cushing (plaintiffs) v. S. Clifford Hood (defendant)

(S.Y. 6512; 180082; 2007 NSSC 97)

Indexed As: Cushing et al. v. Hood

Nova Scotia Supreme Court

Boudreau, J.

April 10, 2007.

Summary:

The plaintiffs sued the defendant, alleging a breach of solicitor-client privilege and sought an injunction and punitive damages.

The Nova Scotia Supreme Court dismissed the action.

Barristers and Solicitors - Topic 1504

Relationship with client - Solicitor-client relationship - What constitutes - Cushing was a legal associate of Hood - Cushing's wife was contemplating leaving her employment as a real estate broker - Cushing and Hood had a conversation about whether his wife should give notice, both agreeing that she should - Since Cushing's wife was apparently not inclined to listen to her husband, when his wife was in his office Cushing asked Hood to come in and repeat the conversation the two had had previously regarding the notice issue - Thereafter, Cushing left her job without notice and was sued by the real estate firm - Subsequently, Hood discussed the general nature of his conversation with the Cushings with the owner of the real estate firm and her lawyer - The Cushings sued Hood for breach of solicitor-client privilege and sought an injunction and punitive damages - The Nova Scotia Supreme Court dismissed the action, holding that a solicitor-client relationship had not been established.

Cases Noticed:

R. v. McClure (D.E.), [2001] 1 S.C.R. 445; 266 N.R. 275; 142 O.A.C. 201; 2001 SCC 14, refd to. [para. 24].

R. v. Gruenke, [1991] 3 S.C.R. 263; 130 N.R. 161; 75 Man.R.(2d) 112; 6 W.A.C. 112; 67 C.C.C.(3d) 289, refd to. [para. 25].

Descoteaux et al. v. Mierzwinski et al., [1982] 1 S.C.R. 860; 44 N.R. 462, refd to. [para. 27].

Markovina, Re (1991), 57 B.C.L.R.(2d) 73 (S.C.), refd to. [para. 29].

Authors and Works Noticed:

Manes, Ronald D., and Silver, Michael P., Solicitor-Client Privilege in Canadian Law (1993), p. 1 [para. 23].

Counsel:

Rubin Dexter, for the plaintiffs;

S. Bruce Outhouse, Q.C., for the defendant.

This matter was heard at Barrington, Nova Scotia, on December 18, 2006, and at Yarmouth, Nova Scotia, on December 20, 2006, before Boudreau, J., of the Nova Scotia Supreme Court, who delivered the following judgment on April 10, 2007.