February 23, 2024 – Solicitor-Client Privilege

“Solicitor client privilege protects communication between a solicitor and his or her client, recognizing that:

the justice system depends for its vitality on full, free and frank communication between those who need legal advice and those who are best able to provide it. The resulting confidential relationship between solicitor and client is a necessary and essential condition of the effective administration of justice: Blank v. Canada (Department of Justice), 2006 SCC 39 at para. 26.

Canadian authorities recognize two forms of solicitor-client privilege. The first, legal advice privilege is both a substantive and procedural right of a client to maintain as confidential communications and advice passing between the client and their solicitor.   The second, litigation privilege, or “work product privilege” protects from production a communication made or a document created for the dominant purpose of assisting the client in litigation, actual or contemplated: Autosurvey Inc. v. Prevost, 2005 CanLII 36255; [2005] O.J. No. 4291 at para. 50-53.”

            Dixon v. Lindsay, 2021 ONSC 1360 (CanLII) at 37-38