What is solicitor-client privilege in Canada?
Ontario, Canada
The following excerpt is from Autosurvey Inc. v. Prevost, 2005 CanLII 36255 (ON SC):
Canadian case law recognizes two distinct forms of solicitor-client privilege. The first, legal advice privilege, is both a substantive and a procedural right of a client to maintain as confidential communications and advice passing between the client and their solicitor. It arises pursuant to the lawyer’s professional duty of confidentiality. Privilege fosters the administration of justice in Canada by ensuring that parties have access to candid advice on their rights and obligations through free and uninhibited communications with a lawyer. In Solosky v. The Queen, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821, at 839, Dickson J., as he then was, said that: The right to communicate in confidence with one’s legal advisor is a fundamental civil and legal right, founded upon the unique relationship of solicitor and client.
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