EVIDENCE - Privilege - Privileged relationships - Solicitor and client

Law360 Canada ( February 6, 2018, 8:01 AM EST) -- Application by the two accused, charged with fraud offences, for a stay of proceedings following a finding that their s. 7 and s. 8 Charter rights had been breached. David, a disbarred lawyer, had provided a statement to the police implicating the accused, his purported clients, in a fraudulent scheme. In an earlier decision it was found the applicants’ rights had been infringed in relation to the taking of David’s statement, the inclusion of portions of that statement in an information to obtain used to obtain banking documents from David’s trust accounts, and the warrantless seizing of documents from the Nova Scotia Law Society. It had further been found that the circumstances created a situation of presumed solicitor-client privilege in the information provided by David about the applicants and in the documents, and that the privilege had been violated....
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