What is the current state of the law on solicitor-client communications privilege?

Ontario, Canada


The following excerpt is from Dooley v. C.N. Weber Ltd., 1994 CanLII 7512 (ON SC):

The Court of Appeal in England dealt with the specific issue of solicitor-client communications privilege in 1928, in the case of More v. Weaver, [1928] 2 K.B. 520. In the course of his judgment, Scrutton L.J., commented on the extent of the absolute privilege. At pp. 521-2 he stated: There are a few, not many, cases where untrue communications or statements which are defamatory are by the law of England treated as absolutely privileged, so that, although they are untrue, defamatory and malicious, the law does not allow any action to be brought in reference to them. The reason is that there are certain relations of life in which it is so important that persons engaged in them should be able to speak freely that the law takes the risk of their abusing the occasion and speaking maliciously as well as untruly, and in order that their duties may be carried on freely and without fear of any action being brought against them, it says: “We will treat as absolutely privileged any statement made in the performance of those duties.”

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