What is implied waiver of privilege where the holder of privilege takes some action or position inconsistent with the maintenance of privilege?
Ontario, Canada
The following excerpt is from Zimmerman v. McNaull, 2021 ONSC 3436 (CanLII):
Implied waiver arises, in other words, where the holder of the privilege takes some action or position inconsistent with the maintenance of the privilege. See Huang v. Silvercorp Metals Inc., 2017 BCSC 795 at para. 92.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is solicitor-client privilege a waiver of privilege? (Ontario, Canada)
What is the limitation on the purpose of a waiver under the Purpose of the waiver? (Ontario, Canada)
What is the legal test for privilege over privileged documents? (Ontario, Canada)
What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
What is the effect of the rule against maintenance and champerty in a personal injury action? (Ontario, Canada)
What is the test for laches in an action brought by a party who has been a party to an action for over a year? (Ontario, Canada)
Is the certification stage of a class action a test of the merits of the action? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
When will privilege be waived in a personal injury action? (Ontario, Canada)
Can a plaintiff who takes a lethal dose of a prescription drug, later takes his own life, sue the tortfeasor who prescribed the drug? (Ontario, Canada)
