Can a privileged communication be made in the course of seeking legal advice?
Ontario, Canada
The following excerpt is from Payzant v. Bank of Nova Scotia, 2014 ONSC 1446 (CanLII):
To be privileged, a communication must be made in the course of seeking legal advice and with the intention that the communication be confidential: Descôteaux v. Mierzwinski, 1982 CanLII 22 (SCC), [1982] 1 S.C.R. 860.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for privilege over privileged documents? (Ontario, Canada)
What privilege does solicitor privilege apply to confidential communications between solicitor and client? (Ontario, Canada)
How have the courts treated a claim of professional privilege in relation to communications made in order to get advice for the purpose of carrying out a fraud? (Ontario, Canada)
Is privileged communications between a lawyer and a client privileged? (Ontario, Canada)
Is the materiality of the legal advice required to justify disclosure of privileged information? (Ontario, Canada)
What is implied waiver of privilege where the holder of privilege takes some action or position inconsistent with the maintenance of privilege? (Ontario, Canada)
What is absolute privilege and what is the test for absolute privilege? (Ontario, Canada)
Is it possible for one party to set aside a domestic contract where the other party received independent legal advice? (Ontario, Canada)
Does solicitor privilege apply to communications between solicitor and client? (Ontario, Canada)
What is solicitor-client communication privilege? (Ontario, Canada)
