Are communications between counsel and claimant's lawyer privileged?
British Columbia, Canada
The following excerpt is from Bate v Smith, 2017 BCSC 1261 (CanLII):
Lastly, the respondent took the positon that many of the communications between the parties upon which the claimant relies are protected by privilege. I disagree. Correspondence between counsel is admissible when the issue is whether or not an agreement claimed by one party has in fact been reached: Elves v. White, 2005 BCSC 1191 at paras. 33-34; Flint v. Taggar, 2007 BCSC 1943, rev’d 2008 BCCA 504 but not on this point.
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