Can solicitor-client privilege be waived expressly or by implication?
British Columbia, Canada
The following excerpt is from H.S.S. v. S.H.D., 2016 BCSC 1300 (CanLII):
Solicitor-client privilege may be waived expressly or by implication. The question of the waiver of privilege turns on the particular circumstances of the case. The onus rests on the party seeking to overcome the privilege to establish that the communication should be disclosed: Camp Development Corporation v. South Coast Greater Vancouver Transportation Authority, 2011 BCSC 88 at para. 10.
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