What is solicitor/client privilege versus client privilege?
British Columbia, Canada
The following excerpt is from Concord Pacific Acquisitions Inc. v. Oei, 2016 BCSC 2028 (CanLII):
The distinction is contextual and policy sensitive rather than analytic. The inquiry is made with one eye on the social function of solicitor/client privilege, namely to protect the freedom and trust between solicitor and client and with the other eye on the potential misuse of solicitor/client privilege to cloak or insulate otherwise discoverable evidence; see Maranda at para. 26; and Stevens v. Canada (Prime Minister), 1998 CanLII 9075 (FCA), [1998] 4 F.C. 89 at para. 25.
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Other Questions
Is solicitor-client privilege established if a senior official of one of the parties gives evidence of solicitor client privilege? (British Columbia, Canada)
Is there an implied waiver of privilege where a party waives privilege but takes a position in relation to privileged materials that is inconsistent with maintaining privilege? (British Columbia, Canada)
Does the crime exception to solicitor client privilege apply to communications that would otherwise be exempt from disclosure due to solicitor-client privilege? (British Columbia, Canada)
Does solicitor-client privilege apply to litigation privilege? (British Columbia, Canada)
Does solicitor-client privilege last beyond the death of the client? (British Columbia, Canada)
Does solicitor-client privilege apply to communications between client and solicitor? (British Columbia, Canada)
Does the client have solicitor-client privilege? (British Columbia, Canada)
Is an independent statement privileged in the context of solicitor-and-client privilege? (British Columbia, Canada)
Can a waiver of solicitor-client privilege occur when the client puts his mind in issue and legal knowledge? (British Columbia, Canada)
What is solicitor-client privilege and what is litigation privilege? (British Columbia, Canada)
