Does solicitor-client privilege extend beyond litigation privilege?

Ontario, Canada


The following excerpt is from Liquor Control Board of Ontario v. Magnotta Winery Corp., 2009 CanLII 92118 (ON SCDC):

Solicitor-client privilege is a class privilege which never ends, unless waived or unless the communication is in furtherance of[page680] a crime. Litigation privilege ends with the litigation. As stated by Fish J. in Blank v. Canada (Minister of Justice), 2006 SCC 39 (CanLII), [2006] 2 S.C.R. 319, [2006] S.C.J. No. 39, at para. 37 ("Blank"): Thus, the principle "once privileged, always privileged", so vital to the solicitor-client privilege, is foreign to the litigation privilege. The litigation privilege, unlike the solicitor-client privilege, is neither absolute in scope nor permanent in duration.

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