What is the test for a waiver of privilege?
British Columbia, Canada
The following excerpt is from Rintoul v. Granger, 2008 BCSC 1852 (CanLII):
Dealing with the second point, there is not a sufficient evidentiary basis to conclude that privilege has been waived by the plaintiff. In order for there to be waiver of privilege, it must be shown that the possessor of the privilege knows of the privilege, had the intention to waive it, and that the person who is purported to have waived it had authority to waive it. I rely here on Zapf v. Muckalt, 1995 CanLII 902 (B.C.S.C. in chambers). These elements of waiver are not established on the evidence.
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