Does solicitor’s privilege apply to the contents of a solicitor's brief?
British Columbia, Canada
The following excerpt is from Hoy v. Medtronic, 2001 BCSC 944 (CanLII):
Notwithstanding the appeal that this analysis holds, the law in this province is settled by the decision in Hodgkinson v. Simms, supra, where McEachern C.J.B.C. held, at 136: Thus it appears to me that, while this privilege is usually subdivided for the purpose of explanation into two species, namely, (a) confidential communications with a client, and (b) the contents of the solicitor’s brief, it is really one all-embracing privilege…
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