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Privilege may apply to documents from which legal advice may be inferred

Monday, December 18, 2017 @ 9:03 AM | By Alexander Gay

Deciding whether to claim privilege over documents is often a judgment call. This is certainly the case with documents that on their face appear to be innocuous but that allow opposing counsel to infer the substance of legal advice that has been sought or given.

Within the Canadian context, there are certainly cases where the courts have allowed privilege claims over a lawyer’s invoices on the grounds that it would disclose information about the lawyer-client relationship. However, these cases do not articulate a clear test that...