Does solicitor-client privilege apply where there has been a communication between solicitor and client?
Alberta, Canada
The following excerpt is from Attila Dogan Construction v. AMEC Americas Limited, 2011 ABQB 794 (CanLII):
Solicitor-client privilege arises where there has been: “(i) a communication between solicitor and client; (ii) which entails the seeking or giving of legal advice, and (iii) which is intended to be confidential by the parties”: Solosky v. Canada, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821, at p. 837. Unlike litigation privilege, solicitor-client privilege continues to apply after the litigation in respect of which the communication arose has ended: Blank v. Canada (Minister of Justice), [2006] 2. S.C.R. 319, at para. 32.
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