Montreuil v. Canadian Forces

Montreuil v. Canadian Forces

The Tribunal applied Quebec authorities and Supreme Court guidance on privilege and concluded that the draft/preliminary report prepared by the expert and sent to respondent's counsel before April 24, 2006, is protected by solicitor-client privilege under Quebec law and therefore must not be produced or admitted; accordingly the Commission's production motion was dismissed.

Citation
2007 CHRT 17
Parties
Complainant: Micheline Montreuil; Commission: Canadian Human Rights Commission; Respondent: Canadian Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
8 May 2007
Procedural Posture
Canadian Human Rights Tribunal — Discrimination (disability, Sex) / Interim Ruling (motion for Production of Expert Documents)
Outcome
Commission's motion dismissed; draft/preliminary expert report protected by solicitor-client privilege and not admissible.
Legal Topics
Solicitor Client Privilege, Litigation Privilege, Expert Evidence, Disclosure/production, Procedural Motion
Source Language
English
Administrative Law Evidence Privilege Human Rights Employment Discrimination Solicitor Client Privilege Litigation Privilege Expert Evidence +2 more

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Parties

Micheline Montreuil

Complainant

Canadian Human Rights Commission

Commission

Canadian Forces

Respondent

Procedural Posture

Canadian Human Rights Tribunal — Discrimination (disability, Sex) / Interim Ruling (motion for Production of Expert Documents)

Legal Issues

  1. 1 Whether a draft or preliminary expert report prepared for counsel is protected by solicitor-client privilege
  2. 2 Whether litigation privilege applies to expert drafts and whether that privilege is waived when the expert testifies
  3. 3 Scope of disclosure of documents used by an expert in preparing a report

Ratio Decidendi

The Tribunal applied Quebec authorities and Supreme Court guidance on privilege and concluded that the draft/preliminary report prepared by the expert and sent to respondent's counsel before April 24, 2006, is protected by solicitor-client privilege under Quebec law and therefore must not be produced or admitted; accordingly the Commission's production motion was dismissed.

Court Disposition

Commission's motion dismissed; draft/preliminary expert report protected by solicitor-client privilege and not admissible.

Orders

  • The Commission's motion for production/disclosure of the draft or preliminary report submitted by Dr. Pierre Assalian before April 24, 2006 is dismissed.
  • The draft/preliminary report is protected by solicitor-client privilege and shall not be produced or admitted in evidence pursuant to s.50(4) of the Canadian Human Rights Act.