For example, In Murao v. Blackcomb Skiing Enterprises Limited Partnership, 2003 BCSC 558, counsel for a plaintiff injured in a snowboarding accident had sworn an affidavit stating that the plaintiff had advised him about certain facts. There were apparent discrepancies between what the plaintiff was said to have told his counsel and what he testified to on discovery. The court held there had been a waiver of privilege and ordered production of counsel’s notes, but was careful to limit the order to that specific subject matter. At paras. 90-91, the court stated:
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