Does a plaintiff waiver privilege by relying on the terms of a settlement agreement?
British Columbia, Canada
The following excerpt is from Fraser v. Houston, 2002 BCSC 1378 (CanLII):
The plaintiff submits that he did not waive privilege simply by relying on the terms of the settlement agreement: Lougheed v. Filgate (1994), 32 C.P.C. (3d) 284 (B.C.S.C.). He says that it does not amount to waiver to say that the agreement was prepared according to instructions he gave to his counsel.
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