Simon's Megalomaniacal Legal Resources

Evidence - Privilege - Waiver of Privilege (2)

. R. v. Bauman

In R. v. Bauman (Ont CA, 2026) the Ontario Court of Appeal dismissed a criminal appeal, here brought against convictions in "two counts of first degree murder".

Here the court considered privilege 'waiver':

[125] As well, litigation privilege, even where it attaches, may be waived. Waiver may occur through counsel eliciting certain testimony from their expert in examination-in-chief: R. v. Stone, 1999 CanLII 688 (SCC), [1999] 2 S.C.R. 290, at paras. 96-99. It was therefore appropriate to defer a ruling on the production of notes alleged to be protected by litigation privilege until after examination-in-chief of Ms. Blackmore [SS: an expert witness].