Business Law in Canada 12th Canadian Edition by Richard A. Yates Solution manual

not be limited under the closing words of Section 1 of the Charter to allow the impugned
provisions to operate.
3. Wayne v. Wayne, 2012 ABQB 763 (CanLII)
The relevant legislation does not expressly allow the court to pierce the solicitor-client
privilege. The basis for this is for clients to have complete trust their counsel representing
them.
Counsel can only represent clients if clients are completely open and speak freely with
counsel. The privilege is for the benefit of the client. In this case, the mental state of the
trustee’s mother, the privilege does not work to her benefit. The court should grant access to
the estate file.
4. University of Alberta v. Chang, 2012 ABCA 324 (CanLII)
The appeals were allowed and the applications were remitted back to the trial court for
rehearing. The chambers judge copied and pasted the briefs filed by the parties and simply
retyped them. He signed them as reasons for judgment. Briefs are often one-sided so they so
they were prepared in an adversarial context. The passages from the chambers briefs did not
disclose how the chambers judge arrived at his decision. There was no evidence to suggest
there was inordinate delay.
The appellate court must rebut the presumption that the lower court has reached its decision
through its own unbiased analysis to overturn the decision of the lower court.