Does litigation privilege apply to communications that are not confidential?

British Columbia, Canada


The following excerpt is from Wexler v. Bhullar, 2006 BCSC 1466 (CanLII):

Unlike solicitor-client or legal advice privilege, litigation privilege does not depend on the communications being confidential in nature: First, solicitor-client privilege applies only to confidential communications between the client and his solicitor. Litigation privilege, on the other hand, applies to communications of a non-confidential nature between the solicitor and third parties and even includes material of a non-communicative nature. R.J. Sharpe, “Claiming Privilege in the Discovery Process”, in Law in Transition: Evidence, [1984] Special Lect. L.S.U.C. 163, at pp. 164-65, as quoted in Blank v. Canada, at para. 28.

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