legal ethics handbook - Nova Scotia Barristers' Society

LEGAL ETHICS HANDBOOK
of the information the lawyer provides; and 3) the insurer will notify the lawyer if conditions 1 or 2 above ceases to
be true." Legal Ethics Ruling 2000-1.
There is no duty or privilege where a client conspires with or deceives his lawyer. R. v. Cox (1884), 14 Q.B.D. 153
(C.C.R.).
Cf. Orkin, supra, note 3, at 86 as to the exceptions of crime, fraud and national emergency.
NB C-5 says, "Another exception [where disclosure of confidential information is permitted] is when the national
interest makes disclosure imperative."
10. To oust privilege the communication must have been made to execute or further a crime or fraud - it must be
prospective as distinguished from retrospective. R. v. Bennett (1963), 41 C.R. 227 (B.C.S.C.) and cases there
cited. See B.G. Smith, Professional Conduct for Canadian Lawyers (Toronto: Butterworths, 1989), at 24-26 for
exceptions.
For a code of ethics dealing with this, see Lund, A15.
11. Cf. M. Freedman, "Solicitor-Client Privilege Under the Income Tax Act'' (1969), 12 Can. B.J. 93.
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