The distinction is contextual and policy sensitive rather than analytic. The inquiry is made with one eye on the social function of solicitor/client privilege, namely to protect the freedom and trust between solicitor and client and with the other eye on the potential misuse of solicitor/client privilege to cloak or insulate otherwise discoverable evidence; see Maranda at para. 26; and Stevens v. Canada (Prime Minister), 1998 CanLII 9075 (FCA),  4 F.C. 89 at para. 25.
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