Is there any waiver of privilege where a plaintiff’s testimony is inconsistent with that of their own counsel?

British Columbia, Canada


The following excerpt is from International Container Terminal Services Inc. v. British Columbia Railway Company, 2009 BCSC 150 (CanLII):

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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