Can a plaintiff obtain a copy of a solicitor’s file from the solicitor's personal information for the purposes of making a will?
British Columbia, Canada
The following excerpt is from Brown v. Terins, 2015 BCSC 775 (CanLII):
What the plaintiff is seeking to do here is to search for a basis to undermine the deceased's reasons by questioning whether his lawyer advised him of everything he should consider when giving instructions about his will. This was a factor considered by Madam Justice Ballance in McBride v. Voth, 2010 BCSC 443. In that case the solicitor’s file had been voluntarily disclosed. I do not see this as a proper basis on which to apply the wills exception to legal advice privilege.
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