Does solicitor-client privilege apply to evidence at trial?
British Columbia, Canada
The following excerpt is from Re: Elsie Jones, 2009 BCSC 1306 (CanLII):
Courts have repeatedly held that communications subject to solicitor-client privilege should only yield to disclosure in the most clearly defined circumstances. In Smith v. Jones (1999), 1999 CanLII 674 (SCC), 132 C.C.C. (3d) 225, 169 D.L.R. (4th) 385, the court noted that the decision to exclude evidence because it is protected by solicitor-client privilege is effectively a policy decision, such that other societal values can prevail in certain circumstances.
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