What is solicitor-client communication privilege?

Ontario, Canada


The following excerpt is from Toronto (City) (Re), 2011 CanLII 83524 (ON IPC):

Solicitor-client communication privilege protects direct communications of a confidential nature between a solicitor and client, or their agents or employees, made for the purpose of obtaining or giving professional legal advice [Descôteaux v. Mierzwinski (1982), 1982 CanLII 22 (SCC), 141 D.L.R. (3d) 590 (S.C.C.)].

I have carefully reviewed the records and find that they do not constitute direct communications of a confidential nature between a solicitor and client. In fact, there is no evidence before me suggesting that the records were forwarded to counsel employed or retained by the city. Accordingly, I find that there is no evidence to support a finding that the records constitute “a continuum of communications” between solicitor-client as contemplated in Balabel v. Air India, [1988] 2 W.L.R. 1036 at 1046 (Eng. C.A.)].

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