Can privilege be waived through inadvertent disclosure?
Ontario, Canada
The following excerpt is from Martin & Profile Legal Services v. Cordiano, 2011 ONSC 5724 (CanLII):
Whether or not privilege has been waived through inadvertent disclosure depends on the circumstances. The court will consider three factors: i. Whether the error was in fact inadvertent and thus excusable; ii. Whether an immediate attempt was made to retrieve the documents; and iii. Whether preservation of the privilege in the circumstances would cause unfairness to the receiving party. See Chan v. Dynasty Executive Suites Ltd., (2006) CanLii 23950
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is privileged material waived through inadvertent disclosure? (Ontario, Canada)
If privilege is not waived, can privilege be waived? (Ontario, Canada)
What is implied waiver of privilege where the holder of privilege takes some action or position inconsistent with the maintenance of privilege? (Ontario, Canada)
Is there any case law where privileged documents have been inadvertently included in a volume of productions? (Ontario, Canada)
Is the materiality of the legal advice required to justify disclosure of privileged information? (Ontario, Canada)
What privilege does solicitor privilege apply to confidential communications between solicitor and client? (Ontario, Canada)
What is absolute privilege and what is the test for absolute privilege? (Ontario, Canada)
When will privilege be waived in a personal injury action? (Ontario, Canada)
Is disclosure of solicitor-client privilege mandatory or inevitable? (Ontario, Canada)
What is the legal test for privilege over privileged documents? (Ontario, Canada)
