Does solicitor privilege attach to communications that were in preparation or in furtherance of a crime or fraud?

Where there is a prima facie case that the communications between the solicitor and client were made in preparation for or in furtherance of a crime or fraud (civil or criminal), regardless of whether the solicitor is aware of such purpose, privilege does not attach. The fraud does not necessarily have to be criminal in nature, but it must be more than something like a breach of contract. This is true regardless of whether the solicitor is acting in good faith. See Descoteaux v. Mierzwinski, supra, at page 404.