Hope v. Comeau
No implied waiver: the Hope Affidavit was responsive to the amendment motion and merely referenced communications with counsel without disclosing privileged content or reliance on legal advice; the state of mind formed by legal advice was not shown to be material to the core issues of the action; compelling production would be unfair and risk prejudicing co-client privilege; accordingly the motion to compel production was dismissed.
Source excerpt
- Implied waiver of solicitor-client privilege
- Amendment of pleadings
- Production order
- Competence and compellability of counsel
- Costs