Is a lawyer’s client entitled to have all communications made with a view to obtaining legal advice kept confidential?

British Columbia, Canada


The following excerpt is from Camp Development Corporation v. South Coast Greater Vancouver Transportation Authority, 2011 BCSC 88 (CanLII):

In Maranda v. Richer, 2003 SCC 67, [2003] 3 S.C.R. 193, LeBel J., at para. 22, confirmed that courts “should exercise great caution before trying to circumscribe ... that privilege” and then quoted from the reasons of Lamer J. in Descoteaux at 892-893: In summary, a lawyer’s client is entitled to have all communications made with a view to obtaining legal advice kept confidential. Whether communications are made to the lawyer himself or to employees, and whether they deal with matters of an administrative nature such as financial means or what the actual nature of the legal problem, all information which a person must provide in order to obtain legal advice and which is given in confidence for that purpose enjoys the privileges attached to confidentiality. This confidentiality attaches to all communications made within the framework of the solicitor-client relationship, which arises as soon as the potential client takes the first steps, and consequently even before the formal retainer is established.

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