September 19, 2024
Solicitor-client privilege is of profound importance in our system of justice.
Yet the rules of evidence governing privilege are complex.
That makes the Superior Court decision in Quadrangle v. AG Canada, instructive. It makes several important points:
- Solicitor-client privilege applies to communications between a solicitor and client directly leading to legal advice will be privileged.
- A trial judge has broad authority to make midtrial rulings on questions of the production of evidence.
- Not all work done in support of obtaining legal advice is privileged.
- Solicitor-client privilege does not extend to communications and information simply because it is relevant to a legal problem.
- Whether or not solicitor-client privilege exists depends upon the nature of the relationship, the subject matter of the advice and the circumstances in which it is sought or rendered.
- Solicitor-client privilege does not extend to business decisions, so business advice given by a lawyer in the course of legal representation may not attract privilege.
- Operational or policy documents are not privileged merely because they reflect legal advice received.
- Evidence may be required about the involvement of the lawyer in the preparation of the document in question.
Solicitor-client privilege is not simple or easy.
WHAT WEILERS LLP CAN DO TO HELP YOU
The litigation team at Weilers LLP have had significant specific experience in arguing issues of privilege before the courts. Our in-depth experience in this area may give you an advantage if privilege is going to be an important issue in your case. It also demonstrates the depth and range of expertise available at Weilers LLP. We also encourage our clients to approach resolving disputes using common sense. If this makes sense to you, give us a call to see if we are the right lawyers for you.