Drash v. Micom Technologies Ltd.
Termination Clause: Waiver of Privilege via Pleadings
Summary
This is an interlocutory motion concerning civil procedure rules regarding amendments to pleadings and the withdrawal of admissions in an employment dispute. The plaintiff sought to amend their Reply to remove references to relying on legal advice regarding the enforceability of a termination clause, arguing that such reliance was irrelevant. The court dismissed the motion, finding that the plaintiff's state of mind and reliance on legal advice were central to the dispute over the ambiguous termination clause, and that pleading such reliance constituted an implied waiver of solicitor-client privilege.
Outcome
Motion to amend pleadings dismissed
Key Factors
- termination clause enforceability
- withdrawal of admissions
- implied waiver of privilege
- amendment of pleadings
- solicitor-client privilege
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