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ARTICLE · 10 JULY 2017

What Communications Between A Lawyer And Client Are Protected By Solicitor-Client Privilege?

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Solicitor-client privilege applies broadly to the continuum of communications concerning matters within the solicitor-client relationship, the BC Court of Appeal recently held in British Columbia (Attorney General) v. Lee.

CanadaCorporate/Commercial Law
Scott Bower
Scott Bower
Russell Kruger
Russell Kruger
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Solicitor-client privilege applies broadly to the continuum of communications concerning matters within the solicitor-client relationship, the BC Court of Appeal recently held in British Columbia (Attorney General) v. Lee, 2017 BCCA 219 (Lee).

In Lee, a government employee inadvertently released a 19-page package of email exchanges between a government lawyer and staff in response to a freedom of information request by Ms. Lee, a lawyer. Once the mistake was discovered, a lawyer from the government immediately contacted Ms. Lee to assert solicitor-client privilege over the documents. Solicitor-client privilege, also known as legal advice privilege, applies to communications between a lawyer and client where the communication involves the seeking or giving of legal advice and is intended to be confidential. After Ms. Lee resisted the privilege claim, the Crown brought an application to enforce the privilege. The chambers judge held that some of the documents at issue

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