What is the test for determining whether there was an implied waiver of privilege?
British Columbia, Canada
The following excerpt is from Stelmaschuk v The College of Dental Surgeons, 2017 BCSC 1371 (CanLII):
The question of whether the Master misapplied the correct test for determining whether there was an implied waiver of privilege is a question of mixed fact and law, reviewable on a standard of palpable and overriding error: Mayer v. Mayer, 2012 BCCA 77 at para. 188. On this question of mixed fact and law, the appellant bears the onus of establishing the Master's decision was "clearly wrong".
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