Does solicitor-client privilege apply to communications between a client and solicitor?
Ontario, Canada
The following excerpt is from R. v. Ahmad, 2008 CanLII 27470 (ON SC):
Where communications between a solicitor and a client are criminal in nature or made to obtain advice to facilitate the commission of a future crime there is no solicitor-client privilege: Solosky v. The Queen, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821, at pp. 835-36. Although referred to as such this is not truly an exception, as by definition such communications fall outside the scope of the privilege. The applicants submit that as the communications in this case took place in furtherance of an abuse of process the communications are not privileged.
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