Legal professional privilege not established over majority of requested documents

Motion for production – legal professional privilege - whether or not a small number of documents which have been furnished to and considered by the court are entitled to the benefit of legal professional privilege - thirteen documents involved concern attendances by the plaintiff’s solicitor upon him in relation to the property the subject matter of these proceedings, correspondence which is marked strictly private and confidential as between the plaintiff and his solicitor, further correspondence between the plaintiff and his solicitor, and a note of fees due and owing marked strictly private and confidential - rationale for the existence privilege – party who is asserting the privilege bears the onus of proof - must be a communication between the client and the lawyer - communication must be made in confidence - the communication was made either to or by a lawyer during the course of a professional legal relationship - the communication must have been made for the purpose of the giving or receiving of legal advice - only two documents out of the thirteen which merit a decision in favour of legal professional privilege - he attendance of the plaintiff’s solicitor upon him by way of a telephone attendance note – memorandum relating to telephone conversations in which legal issues are discussed – production ordered of 11 of the 13 requested documents.