Pleadings It has been accepted that the reliance on privileged information in the pleadings in the litigation may constitute a waiver. A denial of allegations will not lead to such
The Rules of Civil Procedure in Ontario allow the party claiming privilege, such as solicitor client or litigation privilege, to nonetheless use the document at trial. There are two ways
The Policy Manual Policy manuals setting out the process of investigation are mandatory in most jurisdictions requiring that the employer take steps to investigate health and safety issues in the
This topic deals with investigators who have been retained by legal counsel, with the purpose of reporting to legal counsel, who, in turn, will prepare and give legal advice to
Solicitor Client Privilege vs Litigation Privilege Carthy J. A. in the 1997 Ontario Court of Appeal decision of General Accident v Chrusz defined solicitor-client privilege as being of two distinct
The Wigmore Test The most popular forms of privilege which may arise in the course of an investigation of this nature will be “legal advice privilege” and “litigation privilege”. The
Duty to Investigator to the Suspected One The position of the investigator is a delicate one. It is clear that the investigator is retained, in most circumstances, by the employer.
An award of aggravated damages in the sum of $30,000 was also made by the British Columbia Supreme Court, finding that the company conducted a flawed investigation as it did
This is an example of the principles reviewed here, showing the need to conduct a fair investigation given allegations of serious wrongdoing. In this case, the Ontario Court of Appeal
The fundamental legal principle is reviewed here. This case is a good example of the consequences which may follow from the lack of an effective investigation, which led to further