Weir-Jones v. Taylor, [2013] B.C.T.C. Uned. 1633

JudgeFitzpatrick, J.
CourtSupreme Court of British Columbia (Canada)
Case DateSeptember 05, 2013
JurisdictionBritish Columbia
Citations[2013] B.C.T.C. Uned. 1633;2013 BCSC 1633;[2013] B.C.T.C. Uned. 1633 (SC)
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6 practice notes
  • THE TROUBLE WITH WIGMORE: A NEW APPROACH TO IMPLIED WAIVER OF SOLICITOR-CLIENT PRIVILEGE.
    • Canada
    • University of British Columbia Law Review Vol. 52 No. 1, January 2019
    • 1 Enero 2019
    ...213 (CA) [Souter]. (55) See Canadian Community Reading v Ewanchyna et al, 2008 BCSC 1241 at paras 5, 20. (56) See Weir-Jones v Taylor, 2013 BCSC 1633 at paras 39, 55, 60-61 (57) See Payne v Windsor (City), 2011 ONSC 1606 at paras 6-7, 16-19 (applicant's affidavit in support of an applicatio......
  • McMahon v. Harper, 2017 BCSC 2328
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 15 Diciembre 2017
    ...a waiver of solicitor/privilege that might relate to communications between the Plaintiff and the Plaintiff Firm: Weir-Jones v. Taylor, 2013 BCSC 1633 (“Weir-Jones”).12. A party is said to have waived privilege in instances in which a party states that a mistake arose by the reason of negli......
  • Araya v. Nevsun Resources Ltd., 2020 BCSC 511
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 2 Abril 2020
    ...28 (B.C.S.C.) [Cosby]. These two cases were decided pursuant to this rule. In addition, the plaintiffs rely on Weir-Jones v. Taylor, 2013 BCSC 1633. With respect to Weir-Jones, the plaintiffs note that while Justice Fitzpatrick did not cite R. 22-1(4)(c) in making a document production orde......
  • Richardson et al. v. Hemlock Construction Ltd., [2014] B.C.T.C. Uned. 200 (SCM)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 7 Febrero 2014
    ...In support of her application, defendant's counsel relies on the law as summarized by Madam Justice Fitzpatrick in Weir-Jones v. Taylor , 2013 BCSC 1633. That was a case where the plaintiff was applying for an extension of time to file a jury notice. In that case, in support of the plaintif......
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5 cases
  • McMahon v. Harper, 2017 BCSC 2328
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 15 Diciembre 2017
    ...a waiver of solicitor/privilege that might relate to communications between the Plaintiff and the Plaintiff Firm: Weir-Jones v. Taylor, 2013 BCSC 1633 (“Weir-Jones”).12. A party is said to have waived privilege in instances in which a party states that a mistake arose by the reason of negli......
  • Araya v. Nevsun Resources Ltd., 2020 BCSC 511
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 2 Abril 2020
    ...28 (B.C.S.C.) [Cosby]. These two cases were decided pursuant to this rule. In addition, the plaintiffs rely on Weir-Jones v. Taylor, 2013 BCSC 1633. With respect to Weir-Jones, the plaintiffs note that while Justice Fitzpatrick did not cite R. 22-1(4)(c) in making a document production orde......
  • Richardson et al. v. Hemlock Construction Ltd., [2014] B.C.T.C. Uned. 200 (SCM)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 7 Febrero 2014
    ...In support of her application, defendant's counsel relies on the law as summarized by Madam Justice Fitzpatrick in Weir-Jones v. Taylor , 2013 BCSC 1633. That was a case where the plaintiff was applying for an extension of time to file a jury notice. In that case, in support of the plaintif......
  • 0371984 B.C. Ltd. v. Alpha Aviation Inc., [2014] B.C.T.C. Uned. 1815
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • 26 Septiembre 2014
    ...Mr. Harris, counsel for the plaintiff, to not pursue a waiver of privilege argument with respect to it. [38] In Weir-Jones v. Taylor , 2013 BCSC 1633, Madam Justice Fitzpatrick discussed the need for a voluntary intention to waive privilege unless fairness and consistency require waiver. He......
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1 books & journal articles
  • THE TROUBLE WITH WIGMORE: A NEW APPROACH TO IMPLIED WAIVER OF SOLICITOR-CLIENT PRIVILEGE.
    • Canada
    • University of British Columbia Law Review Vol. 52 No. 1, January 2019
    • 1 Enero 2019
    ...213 (CA) [Souter]. (55) See Canadian Community Reading v Ewanchyna et al, 2008 BCSC 1241 at paras 5, 20. (56) See Weir-Jones v Taylor, 2013 BCSC 1633 at paras 39, 55, 60-61 (57) See Payne v Windsor (City), 2011 ONSC 1606 at paras 6-7, 16-19 (applicant's affidavit in support of an applicatio......

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