Lawyer Privilege

Solicitor/ Lawyer Privilege - The Wills Exception

Solicitor/ Lawyer Privilege – The Wills Exception

The existence of this “wills exception” was explained by the Supreme Court of Canada in Geffen v. Goodman Estate, [1991] 2 S.C.R. 353 at 381: An exception has, however, developed
Waiver of Solicitor Client Privilege

Waiver of Solicitor Client Privilege

Siegerist v Siegerist 2022 BCSC 1427 reviewed the law of waiver of solicitor/lawyer client privilege. Files that are part of a communication between a solicitor and client for the purpose
"Without Prejudice" Communications

“Without Prejudice” Communications

In Marziale v Adam 2022 BCSC 1308 the Court concluded that a “Without Prejudice” letter was inadmissible on the basis that it was protected by settlement privilege. The general inadmissibility

Implied Breach of Lawyer Privilege Rejected

Oldhauser v Kasian 2021 BCSC 892 rejected an application to find the defendant breached solicitor client privilege by inserting his legal advice into his argument but the court rejected any

Litigation Funding vs Lawyer Privilege

The issue of litigation funding and lawyer privilege became a public news issue during the trial Hulk Hogan vs Gawker when it became known that Peter Thiel had secretly funded
Waiver of Lawyer Client Privilege

Waiver of Lawyer Client Privilege

Waiver of lawyer client also known as solicitor client privilege, was reviewed in the Court of Appeal decision Araya v Newvson Resources 2019 BC CA 205. The appeal court upheld
Privilege: Documents Made In Contemplation of Litigation

Privilege: Documents Made In Contemplation of Litigation

In Hamalainen (Committee of) v. Sippola (1992) 2 WWR 132 the BC Court of Appeal outlined the law relating to privilege for documents that are prepared in contemplation of litigation.
What Constitutes Practicing Law

What Constitutes Practicing Law

Vogt v Scott 2015 BCSC 1725 reviews the essential elements of what constitutes the practice of law, as defined by the Legal Professions act. There has been much discussion recently
Implied Waiver of Solicitor Client Privilege Restricted | Disinherited

Implied Waiver of Solicitor Client Privilege Restricted

HMB Holding Ltd v Replay Resorts Inc 2018 BCCA 263 reviewed the law relating to implied waiver of solicitor client privilege and restricted it’s application. Communications with respect to legal
Prohibiting Lawyer From Acting

Prohibiting Lawyer From Acting

Rubin Estate v Rubin Estate 2017 ONSC 1404  dealt with an application of prohibiting Lawyer from acting for her siblings and mother who were being sued by one daughter. The