Can a lawyer waive solicitor client privilege in a trial?
Ontario, Canada
The following excerpt is from Whitty v. Wells, 2021 ONSC 2118 (CanLII):
Given the importance of solicitor client privilege to the working of the justice system, it is axiomatic that only a party can waive his privilege. Any express waiver must be a conscious decision of the client (see Leggat v. Jennings, 2015 ONSC 237 at paragraph 16). The party opposite cannot strip the protective cloak of privilege by asking the party opposite questions on otherwise privileged issues, over the objections of the party being questioned or with the party being questioned attempting to circumscribe his answer to avoid waiver.
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