Solicitor-client privilege is a class privilege which never ends unless waived or unless the communication is in furtherance of [page679] a crime. Settlement privilege is not a class privilege. Its existence must be established on a case- by-case analysis first applying the "Wigmore" test, as described in Slavutych v. Baker, 1975 CanLII 5 (SCC), [1976] 1 S.C.R. 254, [1975] S.C.J. No. 29, at p. 260 S.C.R.:(1) The communications must originate in a confidence that they will not be disclosed. (2) The element of confidentiality must be essential to the maintenance of the relationship in which the communications arose. (3) The relationship must be one which, in the opinion of the community, ought to be "sedulously fostered". (4) The injury caused to the relationship by disclosure of the communications must be greater than the benefit gained for the correct disposal of the litigation.
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