When a party relies on legal advice in an action, and especially where their former counsel files an affidavit in support, how much of that privilege will be lost?

Manitoba, Canada


The following excerpt is from Albionex (Overseas) Limited et al. v. Conagra Limited et al., 2007 MBQB 301 (CanLII):

At para. 21 of Iozzo v. Weir, Slatter J. stated: When a party relies on legal advice in an action, and especially where his or her former counsel files an affidavit in support, the litigant is not entitled to decide unilaterally how much of the privilege will be lost. Mere reliance on legal advice does not negate the entire privilege, and does not give the other side access to all communications between the solicitor and the client. However, privilege is lost over any communication that has a relevant and material connection to the issue being brought forward.

Other Questions


If a decision is not in favour of both parties, should both parties consider retaining counsel? (Manitoba, Canada)
Is a party entitled to party and party costs? (Manitoba, Canada)
Are party and party costs appropriate on Class III on a motion? (Manitoba, Canada)
How does the court approach a situation where a party to the action is unrepresented? (Manitoba, Canada)
Is a father entitled to spousal and/or child support from the time of the parties’ separation? (Manitoba, Canada)
Can litigation privilege apply to privileged communications between lawyers and clients? (Manitoba, Canada)
Is there any case law where an umpire considered information of one party without the knowledge of the other party? (Manitoba, Canada)
In what circumstances will a party be bound by a third party's expectation of receiving something in return? (Manitoba, Canada)
What is the legal test for awarding a person with lost faculties money? (Manitoba, Canada)
What is the test for establishing that a defendant is not a party to a cause of action? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.