Does solicitor-client privilege apply to communications made with a view to obtaining legal advice?
British Columbia, Canada
The following excerpt is from Northwest Mettech Corp. v. Metcon Services Ltd., 1996 CanLII 1056 (BC SC):
16 It is clear that in order to receive the protection of solicitor-client privilege, communications must be made for the purpose of obtaining legal advice. In Descoteaux v. Mierzwinski (1982), 1982 CanLII 22 (SCC), 141 D.L.R. (3d) 590 (S.C.C.) Lamer J., at page 618, stated the principle in these words: "In summary, a lawyer's client is entitled to have all communications made with a view to obtaining legal advice kept confidential. Whether communications are made to the lawyer himself or to employees, and whether they deal with matters of an administrative nature such as financial means or with the actual nature of the legal problem, all information which a person must provide in order to obtain legal advice and which is given in confidence for that purpose enjoys the privileges attached to confidentiality. This confidentiality attaches to all communications made within the framework of the solicitor-client relationship, which arise as soon as the potential client takes the first steps, and consequently, even before the formal retainer is established."
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