What are the requirements for a solicitor to successfully claim solicitor-client privilege?
Canada (Federal), Canada
The following excerpt is from Environmental Defence Canada v. Canada (Fisheries and Oceans), 2009 FC 131 (CanLII):
The prerequisites for a valid claim of solicitor-client privilege were delineated by Mr. Justice Dickson, as he then was in Solosky v. R., 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821 (Solosky) at p. 837. They are: (i) a communication between solicitor and client; (ii) which entails the seeking or giving of legal advice; and (iii) which is intended to be confidential by the parties.
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