What is the test to establish solicitor’s privilege?
Canada (Federal), Canada
The following excerpt is from Telus Communications Inc. v. Canada (Attorney General), 2004 FCA 380 (CanLII):
Both sides agree that the criteria required to establish privilege are set out by Dickson J. in Solosky v. The Queen, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821, at p. 837: (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.
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