Farris Partner Yun Li-Reilly and Associate Counsel Stacey Silber, recently obtained a rare declaration of waiver of privilege in favour of our client, Mr. S, in a family law dispute. Our client’s former spouse, Ms. S, was seeking to amend her pleadings to withdraw certain admissions and make inflammatory allegations against Mr. S. In her affidavit filed in support of the application, Ms. S attached certain email communications with her former counsel, along with an assertion that she was not waiving privilege generally and stated that she had included those emails only to show that the errors in her pleadings were the result of inadvertent oversights. Ms. Li-Reilly and Ms. Silber successfully argued that Ms. S was not allowed to “cherry pick” to refer to only those parts of her communications that favoured her position and, despite her sworn statement to the contrary, she had in fact waived solicitor-client privilege by her actions and disclosures. Mrs. S’s former lawyers were ordered to provide Mr. S with all communications in their file related to the areas in issue.