The Court accepted that legal professional privilege can attach to communications between a law firm and a prospective client prior to formal retainer, applying Brookfield Multiplex. The Court adopted a broad approach to the scope of waiver, holding that where a plaintiff relies on a privileged communication to establish when he first learned of a matter (here, the alleged illegality of a service), the waiver extends to all communications in the relevant period touching upon that subject matter and the plaintiff's knowledge of it, not merely the specific communication pleaded. However, on inspection of the documents, the Court found that the redacted material did not concern the subject matter of the waiver and upheld the redactions.
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