Is solicitor/client privilege violated if evidence of a deceased client’s intentions is admitted to a jury?
British Columbia, Canada
The following excerpt is from Fawcett Estate, 1998 CanLII 4567 (BC SC):
The statement of Wilson J. in Geffen v. Goodman, which I have set out supra, succinctly states that the reason why there is the exception (and which exception will not violate privilege generally) is that the interests of the now deceased client for whom the solicitor/client privilege exists are furthered in the sense that the purpose for allowing the evidence to be admitted is precisely to ascertain what his or her true intentions were when those true intentions are questioned in litigation.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is solicitor-client privilege established if a senior official of one of the parties gives evidence of solicitor client privilege? (British Columbia, Canada)
Is there any evidence that the privilege holder has a voluntary intention to waive the privilege? (British Columbia, Canada)
Is there an implied waiver of privilege where a party waives privilege but takes a position in relation to privileged materials that is inconsistent with maintaining privilege? (British Columbia, Canada)
Can statements made by a deceased with respect to his or her intention to be admitted into evidence be considered hearsay? (British Columbia, Canada)
Does the crime exception to solicitor client privilege apply to communications that would otherwise be exempt from disclosure due to solicitor-client privilege? (British Columbia, Canada)
Is an independent statement privileged in the context of solicitor-and-client privilege? (British Columbia, Canada)
Does solicitor-client privilege apply to evidence at trial? (British Columbia, Canada)
Is solicitor-client privilege waived by implication when a solicitor "enters the fray" by providing affidavit evidence? (British Columbia, Canada)
How has evidence been excluded from a Charter violation trial where the Charter violation was a serious one? (British Columbia, Canada)
What is the test for admitting or denying evidence that has been obtained in violation of the Charter of Civil Procedure? (British Columbia, Canada)
