The question of whether the Master misapplied the correct test for determining whether there was an implied waiver of privilege is a question of mixed fact and law, reviewable on a standard of palpable and overriding error: Mayer v. Mayer, 2012 BCCA 77 at para. 188. On this question of mixed fact and law, the appellant bears the onus of establishing the Master's decision was "clearly wrong".
"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.