Does solicitor/client privilege protect documents prepared in contemplation of litigation?
Saskatchewan, Canada
The following excerpt is from International Minerals & Chemical Corp. (Canada) Ltd. v. Commonwealth Insurance Co., 1992 CanLII 7821 (SK QB):
This branch of solicitor/client privilege which protects documents prepared in contemplation of litigation, is sometimes referred to as the litigation brief privilege. The purpose of the privilege is to permit counsel to develop strategies and theories for a case without permitting opposing counsel to look over her shoulder to determine the directions in which she is proceeding with her preparation (see Hodgkinson v. Simms, 1988 CanLII 181 (BC CA), [1989] 3 W.W.R. 132; 33 B.C.L.R.(2d) 129; 55 D.L.R.(4th) 577 (C.A.)).
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