HZ v Unger, 2012 ABQB 18

These actions originated when Plaintiff failed to receive her complete files following an application for compensation under the Criminal Injuries Compensation Act (later the Victims Crime Act). She commenced two separate actions in response, alleging abuse of public office, deceit, and fraudulent concealment for those involved with not providing her complete file. This proceeding addresses the application filed by the Plaintiff for the production of all solicitor-client privileged documents relating to the letter that the Defendants' counsel forwarded to plaintiffs' counsel. After the Plaintiff retained McLennan Ross, a letter was sent clarifying previous evidence. Before the Plaintiff was able to question the Defendant on these clarifications, she passed away. McLennan Ross provided the Plaintiff with a limited waiver to review privileged documents since they could no longer question the Defendant. The application was dismissed. It was stated that "neither fairness nor consistency" dictated that documents of the communications between the Defendant and McLennan Ross related to their clarification letter should be produced. Although a limited waiver was provided following her passing, this does not automatically amount to a full waiver of communication.