Does a waiver of privilege apply to settlement negotiations involving third parties?
British Columbia, Canada
The following excerpt is from Palmer v. Senyk, 2002 BCSC 1578 (CanLII):
The plaintiffs rely upon Rogers v. Bank of Montreal, [1985] B.C.J, 2796 (S.C.). However, the alleged waiver in that case was between the parties. Here, the settlement negotiations which are said to raise a privilege include third parties. The latter cannot be said to have waived their privilege.
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