Is a bank's waiver waiver for communications between solicitor and client confidential?
British Columbia, Canada
The following excerpt is from Rogers v. Bank of Montreal, 1985 CanLII 522 (BC SC):
As important as the confidentiality of communications between solicitor and client is to the operation of our legal system, and despite the direction in Descôteaux v. Mierzwinski that it should be interfered with only "to the extent absolutely necessary", it is my conclusion that to treat the bank's waiver here as a limited one only, not extending beyond the receiver, would be impractical and unrealistic.
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