What is solicitor-client privilege and what is its purpose?

Ontario, Canada


The following excerpt is from Shalaby v Nafei, 2022 ONSC 561 (CanLII):

The functional purpose of the solicitor-client privilege goes to the very heart of the administration of the legal system. All persons must have access to expert legal counsel without fear that this recourse may be used to their detriment: Jones v. Smith, 1999 CanLII 674 (SCC), [1999] 1 S.C.R. 455, at para. 46.

Other Questions


What is implied waiver of privilege where the holder of privilege takes some action or position inconsistent with the maintenance of privilege? (Ontario, Canada)
How have the courts treated a claim of professional privilege in relation to communications made in order to get advice for the purpose of carrying out a fraud? (Ontario, Canada)
What is the legal test for privilege over privileged documents? (Ontario, Canada)
What is the limitation on the purpose of a waiver under the Purpose of the waiver? (Ontario, Canada)
What privilege does solicitor privilege apply to confidential communications between solicitor and client? (Ontario, Canada)
What is absolute privilege and what is the test for absolute privilege? (Ontario, Canada)
What is the test for including gifts in the calculation of income for the purposes of the purpose of the gifts? (Ontario, Canada)
Does a religious institution have to be assessed for purposes of assessment purposes? (Ontario, Canada)
What is the dominant purpose in determining whether a document is subject to litigation privilege? (Ontario, Canada)
Can a plea of qualified privilege be upheld where the words "qualified privilege" are published to the public generally or to the world at large? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.