Can a waiver over privileged communications occur at an examination for discovery?
British Columbia, Canada
The following excerpt is from Armstrong v Kotanko, 2019 BCSC 1519 (CanLII):
The court in Biehl v. Strang, 2011 BCSC 213 had to grapple with the scope of the waiver over privileged communications that occurred at an examination for discovery. The court affirmed that the degree of interference with issues of privilege should be limited to what is necessary to ensure fairness: para. 47. The court held that the waiver was limited to the matters put in issue by the documents disclosed: paras. 65–67.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there an implied waiver of privilege where a party waives privilege but takes a position in relation to privileged materials that is inconsistent with maintaining privilege? (British Columbia, Canada)
Can a defendant continue to examine for discovery after an examination for discovery has been adjourned? (British Columbia, Canada)
Can counsel for the party being examined on examination for discovery interfere on cross-examination? (British Columbia, Canada)
Is a failure to complete document discovery an excuse for failing to attend an examination for discovery? (British Columbia, Canada)
Does the crime exception to solicitor client privilege apply to communications that would otherwise be exempt from disclosure due to solicitor-client privilege? (British Columbia, Canada)
What is the privilege of obtaining privileged communications that were obtained in order to facilitate a crime or fraud? (British Columbia, Canada)
How have counsel for the examining party been advised to conduct their own examination for discovery? (British Columbia, Canada)
What is the privilege of oral or written communications at the discovery stage and at the trial stage? (British Columbia, Canada)
Is a bank's waiver waiver for communications between solicitor and client confidential? (British Columbia, Canada)
Can a waiver of solicitor-client privilege occur when the client puts his mind in issue and legal knowledge? (British Columbia, Canada)
