What is the test for privilege in communications between a plaintiff and his lawyer?
Nova Scotia, Canada
The following excerpt is from Brown v. Cape Breton (Regional Municipality), 2011 NSCA 32 (CanLII):
Often, but not always, such communications are prefaced with the words “without prejudice”. Their absence is not fatal. Privilege is not a matter of words or form – the court will look at content and context, to see if potential settlement is intended, although no specific offer need be mentioned, (see for example Hansraj v. Ao, 2002 ABQB 385, appeal allowed in part: 2004 ABCA 223).
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