Does solicitor-client privilege apply to litigation privilege?
British Columbia, Canada
The following excerpt is from Lougheed Estate v. Wilson, 2009 BCSC 849 (CanLII):
Solicitor-client privilege, or “legal advice privilege”, is conceptually different from litigation privilege. One of the important differences is that solicitor-client privilege applies only to confidential communications between the client and his or her solicitor: Blank v. Canada, [2006] S.C.R. 319, 2006 SCC 39 at para. 28, citing with approval Professor R.J. Sharpe (now Sharpe, J.A.): “Claiming Privilege in the Discovery Process”, in Special Lectures of the Law Society of Upper Canada (1984), 163, at pp. 164-65.
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