Breaching Solicitor-Client Privilege in LTD Actions

While claims for solicitor-client privilege have long been recognized by the Courts, and the notion of solicitor-client privilege has existed for hundreds of years, recent developments have clarified and better illuminated the rules relating to solicitor-client privilege. The purpose of this paper is to explore current trends and developments, highlight, by illustrating a number of practical examples, how the Courts have dealt with requests for production of documents over which solicitor-client privilege and/or litigation privilege is claimed, and provide a few practice points to use when going forward


Presented at the Ontario Trial Lawyers Association Long Term Disability Conference, September 28, 2007
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