Cannon et al. v. Human Resources and Social Development Canada

Cannon et al. v. Human Resources and Social Development Canada

The Tribunal applied the 'arguably relevant' disclosure test and ordered disclosure of the operational documents (leave, attendance, overtime records and reporting structure charts) because they may contain information relevant to whether the respondent provided telework/hotelling accommodations to other groups; the Tribunal found the contested email was sent to counsel and intended for use in litigation and therefore is protected by solicitor-client/litigation privilege and need not be disclosed.

Citation
2011 CHRT 7
Parties
Complainant: Elizabeth Cannon; Complainant: Rhoda Godin; Complainant: Carol Knowles; Commission: Canadian Human Rights Commission; Respondent: Human Resources and Social Development Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
31 March 2011
Procedural Posture
Canadian Human Rights Act Inquiry (discrimination on Grounds of Family Status, Sex, Disability) / Interim Ruling on Disclosure (motion)
Outcome
Motion partly granted and partly dismissed.
Legal Topics
Disclosure, Solicitor Client Privilege, Litigation Privilege, Relevance, Accommodation, Telework/hotelling
Source Language
English
Human Rights Law Employment Law Administrative Law Procedural Law Evidence and Disclosure Disclosure Solicitor Client Privilege Litigation Privilege +3 more

Case Brief

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Parties

Elizabeth Cannon

Complainant

Rhoda Godin

Complainant

Carol Knowles

Complainant

Canadian Human Rights Commission

Commission

Human Resources and Social Development Canada

Respondent

Procedural Posture

Canadian Human Rights Act Inquiry (discrimination on Grounds of Family Status, Sex, Disability) / Interim Ruling on Disclosure (motion)

Legal Issues

  1. 1 Whether the respondent must disclose current reporting structure charts (1(d))
  2. 2 Whether the respondent must disclose an un‑redacted email from Bill Woods to Tania Maidment dated 2010/01/03 (1(e))
  3. 3 Whether solicitor-client and/or litigation privilege protects the contested email

Ratio Decidendi

The Tribunal applied the 'arguably relevant' disclosure test and ordered disclosure of the operational documents (leave, attendance, overtime records and reporting structure charts) because they may contain information relevant to whether the respondent provided telework/hotelling accommodations to other groups; the Tribunal found the contested email was sent to counsel and intended for use in litigation and therefore is protected by solicitor-client/litigation privilege and need not be disclosed.

Court Disposition

Motion partly granted and partly dismissed.

Orders

  • Respondent must disclose forthwith the documents requested in subparagraphs 1(a), 1(b) and 1(c) to the parties, to the extent they exist and are in the respondent's possession or control, subject to privilege claims.
  • Respondent must disclose forthwith the documents requested in subparagraph 1(d) (current reporting structure charts) to the parties.