Fair process, investigator duties, evidence, findings and employer liability.
🏠 Home › 📁 Investigations Index › Use of Privileged Document at Trial Use of Privileged Document at Trial The Rules of Civil Procedure in Ontario allow the party claiming privilege, such as solicitor client or litigation privilege, to nonetheless
🏠 Home › 📁 Investigations Index › Workplace Investigations: Litigation Privilege Workplace Investigations: Litigation Privilege 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
🏠 Home › 📁 Investigations Index › Third Party Documents and Solicitor Client Privilege Third Party Documents and Solicitor Client Privilege This topic deals with investigators who have been retained by legal counsel, with the purpose of reporting to legal
🏠 Home › 📁 Investigations Index › Solicitor Client Privilege Solicitor Client Privilege 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
🏠 Home › 📁 Investigations Index › Privilege Issues Generally Privilege Issues Generally 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
🏠 Home › 📁 Investigations Index › Duty to Investigator to the Suspected One 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
🏠 Home › 📁 Investigations Index › Example of Unfair Investigation: Lau v Royal Bank Example of Unfair Investigation: Lau v Royal Bank An award of aggravated damages in the sum of $30,000 was also made by the British Columbia
🏠 Home › 📁 Investigations Index › [Example of Unfair Investigation: Boucher v Wal-Mart] Example of Unfair Investigation: Boucher v Wal-Mart This case is an example of the principles reviewed here, showing the need to conduct a fair investigation given
🏠 Home › 📁 Investigations Index › Example of Unfair Investigation: City of Calgary v CUPE Example of Unfair Investigation: City of Calgary v CUPE The fundamental legal principle is reviewed here. This case is a good example of
🏠 Home › 📁 Investigations Index › Example of Unfair Investigation: Vernon v BC Example of Unfair Investigation: Vernon v BC Vernon v BC January 2012 – Aggravated – $35,000, Punitive – $50,000 The failure of the employer to conduct
