Whether it Exists

 

  • The purpose for and context in which information is sought is highly relevant when determining whether the information at issue is protected by privilege: R v Singh, 2016 ONCA 108 at para 60

 

  • The presumption of privilege can be rebutted where disclosure will not violate the confidentiality of the solicitor-client relationship by revealing, directly or indirectly, any communication protected by the privilege: Singh at para 60

 

 

 

Fees not Privileged

 

  • Disclosure of information related to fees paid, and possibly also the specific details of the fee arrangement, where it is unrelated to the merits of a case and will not cause prejudice to the client, does not attract the protection of solicitor-client privilege: R v Singh, 2016 ONCA 108 at para 61-62

 

  • The fact that a client is legally-aided does not constitute privileged information: Singh at para 61

 

  • An accused who claims costs against the Crown, based in part on his counsel’s account, must expect that the account will be scrutinized for reasonableness: Signh at para 61