Is solicitor-client privilege waived by implication when a solicitor "enters the fray" by providing affidavit evidence?
British Columbia, Canada
The following excerpt is from Greater Vancouver (Sewerage and Drainage District) v. Canadian National Railway Company, 2012 BCSC 1929 (CanLII):
The parties do not dispute that solicitor-client privilege is fundamental to the proper functioning of our legal system and that it may be waived by implication when a solicitor “enters the fray” by providing affidavit evidence that goes to a matter of substance in a client’s litigation: Mayer v. Mayer, 2012 BCCA 77, para. 178 and the cases cited therein.
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