What is the privilege of obtaining privileged communications that were obtained in order to facilitate a crime or fraud?

British Columbia, Canada


The following excerpt is from Goldman, Sachs & Co. v. Sessions, 1999 CanLII 5317 (BC SC):

The privilege is not absolute, however, and it has long been recognized that communications that are obtained to facilitate the commission of a crime or a fraud are not protected: see Solosky v. The Queen (1979), 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821, per Dickson J. (as he then was) at p. 835.

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