What is solicitor client privilege and what is the test?
Nova Scotia, Canada
The following excerpt is from Ng’ang’a v Mburu, 2018 NSSC 26 (CanLII):
To find solicitor client privilege the following key requirements must be found to have existed: 1. That the communication was made within the ordinary scope of professional employment between the solicitor and client, and made confidentially; 2. That the circumstances indicate that the parties intended to keep the contested communications secret; and 3. That the communications were made in the course of seeking legal advice. See, Solosky v. The Queen [1981] SCR 821 at page 837
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