What is the test for asserting legal advice privilege?

British Columbia, Canada


The following excerpt is from Gardner v. Viridis Energy Inc., 2014 BCSC 204 (CanLII):

A party asserting legal advice privilege must establish that privilege document by document by showing that each document is a communication between lawyer and client that involves seeking or giving legal advice and is intended to be confidential by the parties: Solosky v. Canada, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821.

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