R. v. Youvarajah, 2011 ONCA 654, released today online, has a good black letter statement of solicitor-client privilege:
[82] In the absence of waiver or a recognized exception, solicitor-client privilege prohibits disclosure of oral or documentary communications between solicitor and client where the communications are made in connection with obtaining or providing legal advice and are intended to be confidential: Sopinka, Lederman & Bryant,
The Law of Evidence in Canada, 3
rd ed. (Markham, Ont.: LexisNexis Canada, 2009) at 14.43; Hubbard et al,
The Law of Privilege in Canada, Vol. 2, looseleaf (Aurora, Ont.: Canada Law Book, 2011) at 11:10.
[83] See also Wigmore on Evidence, vol. 8, (McNaughton rev. 1961), sec. 2292, at p. 554, where the following is stated:
Where legal advice of any kind is sought from a professional legal adviser in his capacity as such, the communications relating to that purpose, made in confidence by the client, are at his instance permanently protected from disclosure by himself or by the legal adviser, except the protection be waived.
2 comments:
Very informative post!!!
Thanks for providing an effective legal services.....
Solicitors High Wycombe
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