“A party will be deemed to have waived privilege when he or she makes their communication with a lawyer an issue in the proceeding. There is no express waiver in this case. A deemed waiver and an obligation to disclose a privileged communication requires two elements: (i) the presence or absence of legal advice must be relevant and material to a claim or defence; and (ii) the party who received the legal advice must make the receipt of it an issue in the claim or defence: Creative Career Systems Inc. v. Ontario, 2012 ONSC 649 (SCJ) (CanLII) at paragraph 30.”