When will privilege be waived in a personal injury action?

In Leadbeater v. Ontario, 2004 CarswellOnt 1158, at paragraph 32, the court followed Ground J.’s statement of the law of waiver: Privilege may be waived expressly or impliedly. . . . When determining whether privilege should be deemed to have been waived, the court must balance the interests of full disclosure for purposes of a fair trial against the preservation of solicitor client and litigation privilege. Fairness to a party facing a trial has become a guiding principle in Canadian law. Privilege will be deemed to have been waived whether the interests of fairness and consistency so dictate or when a communication between a solicitor and client is legitimately brought into issue in an action. When a party places its state of mind in issue and has received legal advice to help form that state of mind, privilege will be deemed to be waived with respect to such advice.