Does solicitor-client privilege apply to the details and terms of litigation funding?
British Columbia, Canada
The following excerpt is from Galloway v A.B, 2021 BCSC 320 (CanLII):
The Professors say that the details and terms of litigation funding are not covered by solicitor-client privilege, and that in a circumstance that solicitor-client privilege may extend to the terms of a third-party funding agreement, any such privilege is waived, relying upon Fehr v. Sun Life Assurance Company of Canada, 2012 ONSC 2715 [Fehr], where, at para. 121, Mr. Justice Perell observed:
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