Can a party who fails to assert privilege over a document be served with a supplementary affidavit of documents in which the privilege is properly claimed?
Ontario, Canada
The following excerpt is from 1603705 Ontario Inc. v. Misir et al., 2013 ONSC 3308 (CanLII):
There is also case law to the effect that where a party neglects to assert privilege over a document, he can correct an inadvertent omission by serving a supplementary affidavit of documents in which the privilege is properly claimed (see Waxman v. Waxman (1991), 49 CPC (2d) 113.
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