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BC Human Rights Tribunal reviews social media request for legal advice to determine if communication privileged

Jurisdiction: - British Columbia

In Hov v. School District No. 43 and another, 2017 BCHRT 162, the complainant sought disclosure of a conversation conducted via Facebook Messenger by an individually named respondent, in which the respondent sought, and seemingly obtained, legal advice from an Ontario lawyer.

The respondents claimed solicitor-client privilege over the communications but the Tribunal ordered the conversations to be disclosed directly to the Tribunal so they could assess if the documents should be protected by privilege. The Tribunal's rationale was that there was an insufficient description of the communications and they were unable to determine if they should be protected. 

Interestingly, the lawyer affirmed by affidavit that he was was providing legal advice within the communications. Query whether providing details of the communications between a lawyer and their client would undermine the underlying claim to privilege.