What is solicitor-client privilege and what is its effect on the disclosure of confidential information?
British Columbia, Canada
The following excerpt is from Thomson v. Berkshire Investment Group Inc. et al., 2007 BCSC 50 (CanLII):
Before considering the position of the parties, it is useful to first briefly review the legal foundation for the various claims of privilege that have been put forward. Solicitor-client privilege, also known as legal advice privilege, and litigation privilege, are related but conceptually distinct exemptions from compelled disclosure. Solicitor-client privilege protects from disclosure confidential communications between a client and a legal advisor made for the purpose of obtaining legal advice. Over the years it has evolved from a rule of evidence to a rule of substantive law: Descoteaux v. Mierzwynski, 1982 CanLII 22 (SCC), [1982] 1 S.C.R. 860. Solicitor–client privilege is permanent in duration.
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