What is the test for determining whether a client has waived privilege?

Ontario, Canada


The following excerpt is from Mathews, Dinsdale & Clark LLP v. 1772887 Ontario Limited et al., 2021 ONSC 2563 (CanLII):

The test for determining whether a client has waived privilege is an objective one: see, for example, Camosun College v. Levelton Engineering Ltd., 2014 BCSC 1190, at para. 10.

Other Questions


If privilege is not waived, can privilege be waived? (Ontario, Canada)
Does solicitor-client privilege apply to communications between counsel and client? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
Can solicitor-client privilege apply to communications between solicitor and client? (Ontario, Canada)
What is implied waiver of privilege where the holder of privilege takes some action or position inconsistent with the maintenance of privilege? (Ontario, Canada)
What factors are considered in determining whether a broker has a fiduciary relationship with a client? (Ontario, Canada)
What are the considerations used to determine whether a client has been defrauded by a solicitor? (Ontario, Canada)
What is the dominant purpose in determining whether a document is subject to litigation privilege? (Ontario, Canada)
What privilege does solicitor privilege apply to confidential communications between solicitor and client? (Ontario, Canada)
What is the test for determining whether a risk is material and whether there has been a breach of the duty of disclosure? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.