What is the test for privilege in the context of privilege at bar?

British Columbia, Canada


The following excerpt is from Cliff v. King (Estate of), 2005 BCSC 718 (CanLII):

Goldie J.A. concurred and stated (at ¶15): To go further in the case at bar than the example of the description adopted by the Chief Justice in Hodgkinson v. Simms would be to allow a party to look into the mind of counsel for the opposing party. That would destroy the very purpose of privilege.

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