Can litigation privilege apply to privileged communications between lawyers and clients?

Manitoba, Canada


The following excerpt is from Kuivenhoven v. Middlechurch Home of Winnipeg Inc. et al, 2016 MBQB 223 (CanLII):

In Blank v. Canada (Minister of Justice), 2006 SCC 39, [2006] 2 S.C.R. 319, at para. 28, Fish J. cited with approval the words of R. J. Sharpe (now Sharpe J.A.) in a publication entitled "Claiming Privilege in the Discovery Process" in Special Lectures of the Law Society of Upper Canada (1984) 163, at 164-65, some of which were: Litigation privilege, on the other hand, is geared directly to the process of litigation. Its purpose is not explained adequately by the protection afforded lawyer-client communications deemed necessary to allow clients to obtain legal advice, the interest protected by solicitor-client privilege. Its purpose is more particularly related to the needs of the adversarial trial process. Litigation privilege is based upon the need for a protected area to facilitate investigation and preparation of a case for trial by the adversarial advocate. In other words, litigation privilege aims to facilitate a process (namely, the adversary process), while solicitor-client privilege aims to protect a relationship (namely, the confidential relationship between a lawyer and a client).

Other Questions


Is a lawyer’s client entitled to keep all communications with the client confidential? (Manitoba, Canada)
In what circumstances have lawyers been granted injunctions to exempt themselves from the operation of regulations under the Proceeds of Crime Act? (Manitoba, Canada)
Can a preliminary inquiry judge grant an appli cation to stay proceedings for breach of the Charter of Human Rights? (Manitoba, Canada)
What is the current state of the law on solicitor-client relationship? (Manitoba, Canada)
What standard of review applies to a question of law, fact and inference? (Manitoba, Canada)
Does the doctrine of mootness apply to an action or proceeding? (Manitoba, Canada)
How have the courts dealt with a claim for the return of client files from a plaintiff law firm? (Manitoba, Canada)
If a defamatory statement is capable of conveying more than one meaning, is the defence of responsible communication established? (Manitoba, Canada)
What are the principles to apply in the context of a motion by a plaintiff to have his case considered on the merits of the motion? (Manitoba, Canada)
Is Devonshire an intervenor in the litigation? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.