Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 24 July 2025. 248 iii) Unlike solicitor-client privilege, litigation privilege applies to unrepresented parties and non-confidential documents.842 Litigation privilege aims to facilitate a process (namely, the adversary process), while solicitorclient privilege aims to protect a relationship (namely, the confidential relationship between a lawyer and a client).843 The following two-part test can be applied:844 1. Has the record or information been prepared for the dominant purpose of litigation? Litigation privilege attaches to documents created for the dominant purpose of litigation.845 The dominant purpose for creating or obtaining the record must be to decide whether to initiate, or to prepare for, litigation. It cannot be standard operational procedure to prepare such records for various reasons, only one of which is to prepare for litigation.846 A self-represented litigant is no less in need of, and therefore entitled to, a “zone” or “chamber” of privacy.847 Papers and materials created or obtained especially for the lawyer’s brief for litigation, whether existing or contemplated are privileged.848 842 Britto v University of Saskatchewan, 2018 SKQB 92 (CanLII) at [66], R v Husky Energy Inc., 2017 SKQB 383 at [22], Lizotte v Aviva Insurance Company of Canada, 2016 SCC 52, [2016] 2 SCR 521, Blank v. Canada (Minister of Justice), [2006] 2 SCR 319, 2006 SCC 39 (CanLII). 843 Blank v. Canada (Minister of Justice), [2006] 2 SCR 319, 2006 SCC 39 (CanLII) at [28] referencing Sharpe J.A. in “Claiming Privilege in the Discovery Process”, in Special Lectures of the Law Society of Upper Canada (1984), 163, at pp. 164-65). 844 Legal requirements or ‘the two-part test’ originates from Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.21.2. Available at https://www.canada.ca/en/treasury-boardsecretariat/services/access-information-privacy/access-information/access-informationmanual.html#cha11_21. Accessed September 20, 2019. 845 Blank v. Canada (Minister of Justice), [2006] 2 SCR 319, 2006 SCC 39 (CanLII) at intro para. 3. 846 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.21.2. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_21. Accessed September 20, 2019. 847 Blank v. Canada (Minister of Justice), [2006] 2 SCR 319, 2006 SCC 39 (CanLII) at [32]. 848 Susan Hosiery Limited v. Minister of National Revenue, [1969] 2 Ex. C.R. 27, [1969] C.T.C. 353 at p. 33.
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