Can a waiver over privileged communications occur at an examination for discovery?
British Columbia, Canada
The following excerpt is from Armstrong v Kotanko, 2019 BCSC 1519 (CanLII):
The court in Biehl v. Strang, 2011 BCSC 213 had to grapple with the scope of the waiver over privileged communications that occurred at an examination for discovery. The court affirmed that the degree of interference with issues of privilege should be limited to what is necessary to ensure fairness: para. 47. The court held that the waiver was limited to the matters put in issue by the documents disclosed: paras. 65–67.
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