Does disclosure of privileged documents constitute a waiver of privilege?

Merritt v. Amasco Enterprises Inc., [1992] B.C.J. No. 2319 was a dispute over the withdrawal of funds from a pension plan. Some of the privileged documents in question were made at the time of the withdrawal, and would have been subject to the solicitor and client privilege, although it appears that some of the documents in dispute were created after litigation had commenced and for the dominant purpose of defending that litigation. While the litigation was underway it became necessary to replace some of the trustees of the pension plan, and for that purpose some of the privileged documents were disclosed to potential new trustees. It was held that disclosure to the potential new trustees in these circumstances did not amount to a waiver of the privilege.