It is not per se an error of law to make an order that encroaches on solicitor/client privilege. There is a judicial discretion to do so in the context of any particular case. See for example, Antongiovanni v. Phung [2001] O.J. No. 4659. The decision is a discretionary one. I agree with counsel for the plaintiff that relevance does not trump privilege unless there is a compelling reason. However, in the particular circumstances of this case, I cannot conclude that the master exercised his discretion based upon wrong principles.
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