The following recent Ontario Superior Court decisions have touched on the topic of privileged communications between lawyers and their clients:
…an operational communication cannot be cloaked with privilege by copying it to a lawyer. Confidential documents containing facts and information relevant the company’s business, that, in the ordinary course of business would not be considered privileged in the hands of TransCanada, cannot become privileged simply because they were sent to a lawyer involved in the matter. The question TransCanada must ask in respect of each document is whether it is an operational report, or is in “pith and substance” a request for, or the provision of, legal advice. The Canadian Lawyers Insurance Association provides loss prevention information solely for the benefit of CLIA insured lawyers. The content and links provided in Loss Prevention eBytes are intended as resources to qualified lawyers who should exercise due care and their professional judgment in adapting or making use of any content.
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