What is legal advice privilege and what are the implications for Rule 68?
British Columbia, Canada
The following excerpt is from Louch, et al v. Decicco, 2006 BCSC 1911 (CanLII):
Legal advice privilege is often referred to in the authorities as solicitor-client privilege and has been held to be a rule of substantive law. (Descoteaux v. Mierzwinski, [1982] 1 SCR 39). The parties agree that documents that fall within the ordinary meaning of legal advice privilege are not to be disclosed pursuant to Rule 68. That appears to be so in any event since communications between solicitor and client would rarely fall within the ambit of Rule 68(16).
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