What is solicitor-client privilege and what is the test?
Canada (Federal), Canada
The following excerpt is from Pritchard v. Ontario (Human Rights Commission), [2004] 1 SCR 809, 2004 SCC 31 (CanLII):
15 Dickson J. outlined the required criteria to establish solicitor-client privilege in Solosky v. The Queen, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821, at p. 837, as: “(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”. Though at one time restricted to communications exchanged in the course of litigation, the privilege has been extended to cover any consultation for legal advice, whether litigious or not: see Solosky, at p. 834.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a witness asserts her Fifth Amendment privilege, what is the test for the privilege? (MultiRegion, United States of America)
What is the test for establishing that privilege is a privilege? ("New York", United States of America)
What is the test for waiving privilege to testify in a personal injury case? (MultiRegion, United States of America)
What is the test for determining whether a jury misinterpreted the reasonable doubt test in a case where there was insufficient evidence? (MultiRegion, United States of America)
Does section 25 of the Access to Records Act, which provides exemptions to disclosure under the Corporations Privileges Act, apply to solicitor-client privilege? (Canada (Federal), Canada)
Does a postjudgment appeal rule apply to the attorney client privilege of psychotherapist-patient privilege? (MultiRegion, United States of America)
What is the test for making an error in a test case? (MultiRegion, United States of America)
What is the test for an order refusing to grant the privilege of proceeding in forma pauperis in a civil action? (MultiRegion, United States of America)
Is there a Fifth Amendment privilege or attorney-client privilege? (MultiRegion, United States of America)
What is the burden of proving that a test is not a job-related test? (MultiRegion, United States of America)
