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CIVIL PROCEDURE - Discovery - Production and inspection of documents - Privileged documents - Documents prepared in contemplation of litigation - Solicitor-client privilege

Tuesday, July 18, 2017 @ 7:48 AM  

Appeal by the provincial Crown from an order referring Suncor's privilege claim to a referee. A Suncor employee was fatally injured at a worksite. Immediately following the accident, Suncor conducted an internal investigation in anticipation of litigation. The Crown's occupational health and safety officers issued demands for production of information. Suncor produced its investigation report and materials that predated or coincided with the incident. Suncor asserted solicitor and client privilege and/or litigation privilege over all materials created or collected in the course of its internal investigation...