Is there any case law dealing with the issue of personal privilege?
British Columbia, Canada
The following excerpt is from Stapleton v. Doe, 2017 BCSC 12 (CanLII):
One case which addressed the question directly was Hicks Estate v. Hicks, [1987] O.J. No. 1426. The parties to the action were relatives of the deceased, and at issue in the claim was whether certain transfers of property were valid. The plaintiff was the personal representative of the deceased who brought an application for production of the files of the deceased’s former solicitors. Stortini D.C.J. stated the issue succinctly at para. 12: The privilege can be waived or lost by the client. In our case the client is dead. Who, therefore, is the repository of the privilege?
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