Date: 2006-03-15 Docket: 04-CV-277495CM2. Master Carol A. Albert. Link

The issue is whether an email communication over which Montessori Jewish Day School of Toronto and the other defendants ("Montessori") claim privilege, and which was inadvertently produced to the Dublin plaintiffs ("Dublin"), ought to be returned and treated as a privileged communication. An issue was that the email was printed from an account other than the original recipients, raising the question of whether privilege had been waived because information had been disclosed to someone else. "The fact that an email from Ms Nashman to Mr. Steinberg was printed from her husband's account does not mean that it was read by him any more than letter mail addressed to her and placed in the home's mail slot would be opened by Bruce. There is insufficient evidence to find that Bruce read the email." Motion for the return of the document inadvertently produced was granted.