Is solicitor-client privilege valid?
Alberta, Canada
The following excerpt is from Bertcan Investments Ltd. v. MCM (Western) Insurance Agencies Ltd., 1987 CanLII 3398 (AB QB):
Chrumka J. in Alta. Wheat Pool v. Estrin at p. 184 lists three questions to be considered in deciding whether the claim of solicitor-client privilege has been validly made out on the facts of the case: (a) does the privilege extend to the very issue of an action; (b) is the privilege waived whenever the communication between the solicitor and client is legitimately put in issue in the action; and (c) has a prima facie case of fraud been made out to displace the solicitor-client privilege?
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