How have the courts interpreted privilege in letters between solicitor and client?

New Brunswick, Canada

The following excerpt is from Hogan v. Brunswick News Inc., 2017 NBQB 198 (CanLII):

The Pritchard decision referenced Solosky v. Canada 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821, where Dickson J., as he then was, stated in the unnumbered paragraphs decision: As Mr. Justice Addy notes, privilege can only be claimed document by document, with each document being required to meet the criteria for the privilege--(i) a communication between solicitor and client; (ii) which entails the seeking or giving of legal advice; and (iii) which is intended to be confidential by the parties. To make the decision as to whether the privilege attaches, the letters must be read by the judge, which requires, at a minimum, that the documents be under the jurisdiction of a court. Finally, the privilege is aimed at improper use or disclosure, and not at merely opening.

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