Is there any difference between litigation and solicitor privilege?

Newfoundland and Labrador, Canada


The following excerpt is from Corner Brook (City) (Re), 2018 CanLII 67634 (NL IPC):

Fish J. addressed the difference between the forms of privilege in paragraph 60 of Blank v. Canada (Minister of Justice): I see no reason to depart from the dominant purpose test. Though it provides narrower protection than would a substantial purpose test, the dominant purpose standard appears to me consistent with the notion that the litigation privilege should be viewed as a limited exception to the principle of full disclosure and not as an equal partner of the broadly interpreted solicitor-client privilege. The dominant purpose test is more compatible with the contemporary trend favouring increased disclosure.

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