Does a trial judge have to intervene at the questioning stage to ensure the respondent does not give up solicitor-client privilege?
Nova Scotia, Canada
The following excerpt is from Hurley v. Hurley, 2012 NSCA 32 (CanLII):
In light of the fact that the respondent was self-represented, it was appropriate for the trial judge to intervene at this point of the questioning to ensure the respondent did not give up the benefit of solicitor-client privilege. Roscoe, J.A. in Family and Children’s Services of Cumberland County v. D.M.M., 2006 NSCA 75 made it clear that if evidence is sought to be tendered in respect of which the self-represented litigant has a possible claim of privilege, the trial judge should inform the litigant of his rights. (¶ 26)
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