Privilege: Solicitor Client: Investigative Report
Third Party Documents and Solicitor Client Privilege Presume an investigator has been retained by legal counsel, with the purpose of reporting to legal counsel, who, in turn, will prepare and…
Duty to Recommend Retention of Legal Counsel
Workplace Investigation: Duty to Recommend Retention of Legal Counsel May there be a common law duty to advise on the Right to Counsel? The protections afforded to the person…
Investigations: Privilege: External Regulators
Investigations: Privilege: External Regulators The decision of the B.C. Supreme Court in Thomson v Berkshire involved a claim which raised issues of the conduct of one of its financial…
Litigation Privilege & Workplace Investigations
Litigation Privilege & Workplace Investigations Workplace Policy and the Purpose of the Investigation An early example of litigation privilege in a workplace human rights context is Order F2003-005, a…
Litigation Privilege Generally
Litigation Privilege: Overview Trend to Disclosure The Supreme Court in its 2006 decision in Blank v Canada stated, what was subsequently interpreted to be a “relaxation” in the acceptance…
Privileges & Workplace Investigations
Privileges and Workplace Investigations Overview The two privileges important to a workplace investigation are solicitor client and litigation privilege. Generally, the assertion of solicitor client privilege will turn on a…
Ontario Arbitral Decision Provides Guidance re Admin Suspension
Administrative Leave During Workplace Investigations: Ontario Arbitration Decision Provides Important Guidance on Investigative Suspensions The Ontario labour arbitration decision in Dryden Police Service Senior Officers’ Association v Dryden Police Services…
🔔 Does a Workplace Investigator Examine or Cross-Examine a Witness?
Does a Workplace Investigator Examine or Cross-Examine a Witness? A workplace investigator interviews witnesses. The investigator does not conduct an examination-in-chief or a cross-examination in the courtroom sense. Nevertheless,…
🔔 When Failure to Investigate Becomes Part of the Wrong
Workplace Investigations: When Failure to Inquire and Respond Becomes Part of the Wrong Hedrick v. Johnston Meier Insurance Agencies Ltd., 2026 BCSC 1250, is principally a wrongful dismissal decision…
The Investigator Must Consider Exculpatory Evidence
The Investigator Must Consider Exculpatory Evidence The obligation of an employer to investigate allegations of serious misconduct fairly is well established. So too is the proposition that a seriously inadequate…