British Columbia, Canada
The following excerpt is from 1043325 Ontario Ltd. v. CSA Building Sciences Western Ltd., 2013 BCSC 2578 (CanLII):
In Biehl v. Strang, the court reviews the principles when waiver of privilege has occurred, including the relevant principles to the case at bar: a) solicitor-client privilege should be interfered with only to the extent necessary to achieve a just result; b) where a litigant relies on legal advice as an element of his claim or defence, the privilege which would otherwise attach to that evidence is lost; c) a party waives the protection of solicitor-client privilege when it voluntarily injects into the proceeding the question of its state of mind, and, in doing so, uses as a reason for its conduct the legal advice it has received; d) privilege is waived where part but not all of the communication between the client and the solicitor has been set out in what is before the court.
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