Is lawyer-and-client privilege absolute?
Ontario, Canada
The following excerpt is from Dublin v. Montessori Jewish Day School of Toronto, 2007 CanLII 8923 (ON SC):
No privilege is absolute, and there are exceptions to lawyer-and-client privilege and the other privileges: Smith v. Jones, supra. If a client seeks guidance from a lawyer to facilitate committing a crime or a fraud, the communication will not be privileged and it is immaterial whether the lawyer is a knowing participant or unwitting dupe of the client.
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