How does the law of privilege interact with full disclosure and full disclosure?

Prince Edward Island, Canada


The following excerpt is from Canadian Imperial Bank of Commerce v. Bonnell, 1997 CanLII 4654 (PE SCTD):

The privilege exists for the benefit of the client, not the lawyer. The party who claims privilege bears the onus of showing privilege. The party who claims waiver bears the onus of showing waiver. I discussed the current state of law of privilege, and the interaction between privilege and full disclosure, in Breau v. Naddy, [1995] 2 P.E.I.R. D154 (P.E.I.S.C.T.D.).

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