What is the impact of solicitor-client privilege on evidence at a personal injury trial?
British Columbia, Canada
The following excerpt is from Connie Leanne J. v David Edward J., 2003 BCPC 19 (CanLII):
Bearing in mind the comments in MacDonald Estate v. Martin 1990 CanLII 32 (SCC), [1990] 3 S.C.R. 1235 about the need to avoid causing unnecessary erosion of solicitor-client privilege in the very circumstances where it is being placed in issue, however, it was clear that Ms. Schmit would be required to tread carefully in her evidence. In my view, she was extremely careful, and her contribution to the process was necessary to provide the balance required to allow a fair determination of the point in issue.
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