What is the current state of the law of privilege in relation to disclosure of information obtained from a solicitor?

Ontario, Canada


The following excerpt is from Capar v. Vujnovic, 2021 ONSC 4713 (CanLII):

Under the law of privilege, there are authorities that hold where a party’s knowledge is in issue, that party must reveal what he knows, even if the knowledge is from his solicitor. At the same time, those authorities recognize that disclosing this knowledge from that source is inherently problematic as the solicitor-client communication itself is privileged unless it falls within an exception. One such exception is where the initiating party contesting disclosure has put into issue the question of what legal advice he did or did not receive, thus waiving the solicitor-client privilege that might otherwise applied. See Jonas v. Pacitto, 2020 ONCA 727 (CanLII) .

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