What is the duty of the court to refuse to receive privileged information from a solicitor?

24 Given that the information was privileged, it was the duty of the court not to receive such information unless the person providing it could show that the client waived the privilege. The privilege arising out of the solicitor-client relationship belongs to the client, not the solicitor. See Smith v. Jones, 1999 CanLII 674 (SCC), [1999] 1 S.C.R. 455 at para. 46. A waiver can be explicit or it can be implied from conduct. The facts of this case do not show any explicit waiver by the mother. With respect to implied waiver, a court must have clear evidence before it will make a finding of implied waiver. As stated in Miller v. Miller, 2002 NFCA 54 (at para. 10): Thus, it must be held that maintenance of the solicitor-client privilege is so important to the proper administration of justice that a court could not justify finding an implied general waiver by a privilege holder unless the actions or words of the privilege holder would admit of no other possible interpretation. ….