Can solicitor client privilege attach in circumstances where payment of fees is relevant to the merits of the case?

Ontario, Canada


The following excerpt is from Re Bankruptcy of Morris Kaiser, 2011 ONSC 7617 (CanLII):

In short, Rothstein J. stated that where payment of fees is relevant to the merits of the case, or disclosure of such information may cause prejudice to the client, solicitor-client privilege may attach. In the context of what Rothstein J. was discussing, I take it that the reference to causing prejudice to the client is a reference to legal prejudice of some sort, such as a motion for security for costs which he discussed. Also, Rothstein J. said that solicitor client privilege may attach. He did not say it must attach. I take it from what he said that the presumptive nature of solicitor client privilege discussed in Miranda v. Quebec still exists, and that the presumption can be overcome depending on the circumstances of the case.

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