In Araya v. Nevsun Resources Ltd., 2019 BCCA 205 [Araya #2], the defendant had pleaded that the plaintiffs’ claims were time‑barred. The plaintiffs, who were Eritrean refugees, pleaded that the start of any limitation period was postponed until after they had first met with Canadian legal counsel because they did not, prior to that point, have the requisite understanding of their legal rights. The defendant then argued, the plaintiffs accepted, and the case management judge agreed that the plaintiffs had waived solicitor-client privilege. The issue before the case management judge, and on appeal, was whether the scope of the waiver was too broad.
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