Communications, Energy and Paperworkers Union of Canada v. Bell Canada

Communications, Energy and Paperworkers Union of Canada v. Bell Canada

The Tribunal found CEP failed to establish litigation privilege because the documents were not produced with litigation in mind nor for the dominant purpose of legal advice or litigation; furthermore CEP's partial disclosure waived any privilege over the remainder because fairness required Bell receive the full document; therefore the privilege claim was dismissed and production ordered.

Citation
2004 CHRT 18
Parties
Complainant: Communications, Energy and Paperworkers Union of Canada; Complainant: Femmes-Action; Commission: Canadian Human Rights Commission; Respondent: Bell Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
1 June 2004
Procedural Posture
Human Rights Tribunal Proceeding / Ruling on Claim of Litigation Privilege During Disclosure (pre Trial)
Outcome
Privilege claim dismissed; production ordered
Legal Topics
Litigation Privilege, Waiver of Privilege, Document Disclosure, Discovery, Pay Equity
Source Language
English
Human Rights Employment Law Civil Procedure Evidence Privilege Litigation Privilege Waiver of Privilege Document Disclosure +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Communications, Energy and Paperworkers Union of Canada

Complainant

Femmes-Action

Complainant

Canadian Human Rights Commission

Commission

Bell Canada

Respondent

Procedural Posture

Human Rights Tribunal Proceeding / Ruling on Claim of Litigation Privilege During Disclosure (pre Trial)

Legal Issues

  1. 1 Whether the two disputed documents are protected by litigation privilege
  2. 2 Whether partial disclosure of a document waived any claim to privilege over the remainder
  3. 3 Whether handwritten notes constitute communications for the purpose of receiving legal advice or as an aid to litigation

Ratio Decidendi

The Tribunal found CEP failed to establish litigation privilege because the documents were not produced with litigation in mind nor for the dominant purpose of legal advice or litigation; furthermore CEP's partial disclosure waived any privilege over the remainder because fairness required Bell receive the full document; therefore the privilege claim was dismissed and production ordered.

Court Disposition

Privilege claim dismissed; production ordered

Orders

  • CEP must produce the disputed pages of Document 1 (pages 1, 2, 3, 4 and 8) to Bell Canada
  • CEP must produce the withheld flip side of page 1 of Document 2 to Bell Canada