United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 682 v. Bradson Staffing Service
Privilege had not been waived in respect of the documents in question; therefore the appellants' production application was dismissed and the respondents' application for return/destruction of privileged documents was allowed; the leave application was dismissed and costs were awarded as stated.
Source-derived case information.
- Citation
- 1997 NSCA 74
- Parties
- Appellant: United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 682; Respondent: Bradson Staffing Service; Respondent: Statia Terminals Point Tupper Inc.; Respondent: Communications, Energy and Paperworkers Union of Canada, Local 585; Respondent: Construction Industry Panel of The Labour Relations Board (Nova Scotia)
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 1 April 1997
- Procedural Posture
- Appeal / Appeal and Leave Application From Interlocutory Orders on Discovery/privilege
- Outcome
- Appeal dismissed; leave to appeal dismissed; interlocutory order upholding protection of privileged documents affirmed
- Legal Topics
- Solicitor Client Privilege, Discovery, Return or Destruction of Privileged Documents, Costs, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 682
Appellant
Bradson Staffing Service
Respondent
Statia Terminals Point Tupper Inc.
Respondent
Communications, Energy and Paperworkers Union of Canada, Local 585
Respondent
Construction Industry Panel of The Labour Relations Board (Nova Scotia)
Respondent
Procedural Posture
Appeal / Appeal and Leave Application From Interlocutory Orders on Discovery/privilege
Legal Issues
- 1 Whether solicitor-client privilege in the documents was waived
- 2 Whether appellants' application for production should be granted
- 3 Whether respondents' request to return or destroy privileged documents should be granted
Ratio Decidendi
Privilege had not been waived in respect of the documents in question; therefore the appellants' production application was dismissed and the respondents' application for return/destruction of privileged documents was allowed; the leave application was dismissed and costs were awarded as stated.
Court Disposition
Appeal dismissed; leave to appeal dismissed; interlocutory order upholding protection of privileged documents affirmed
Orders
- Appeal dismissed with costs of $1000 plus disbursements payable to each of the respondents
- Order requiring appellants to return or destroy all copies of privileged documents obtained without consent granted
Full Case Text
Judgment text and source record
1 paragraphs
United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 682 v. Bradson Staffing Service Court Court of Appeal Date 1997-04-01 Citation 1997 NSCA 74 Docket CA 133802 Judge/Registrar/Adjudicator Flinn, Edward J. (Honourable Justice); Clarke, Lorne O. (Honourable Chief Justice); Chipman, David (Honourable Justice) Document Type Decision Decision Content C.A. No. 133802 NOVA SCOTIA COURT OF APPEAL Clarke, C.J.N.S., Chipman and Flinn, JJ.A. Cite as: United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States, Local 682 v. Bradson Staffing Service, 1997 NSCA 74 BETWEEN: The United Association of Journeymen ) Raymond Larkin, Q.C. and Apprentices of the Plumbing and ) for the appellants Pipefitting Industry of the United ) States and Canada, Local 682 ) ) John C. MacPherson Appellants ) for the respondent ) Bradson Staffing Services ) ) John D. Plowman -and- ) for the respondent ) Statia Terminals Point Tupper Bradson Staffing Service, Statia ) Terminals Point Tupper Inc., ) Appeal Heard Communications, Energy and Paper- ) April 1, 1997 Workers Union of Canada, Local 585 ) and Construction Industry Panel of ) Judgment Delivered: The Labour Relations Board ) April 1, 1997 (Nova Scotia) ) ) Respondents ) ) ) ) ) ) ) THE COURT: Appeal dismissed with costs of $1000 plus disbursements payable to each of the Respondents per oral reasons for judgment of Flinn, J.A.; Clarke, C.J.N.S. and Chipman, J.A. concurring. The reasons for judgment of the Court were delivered orally by: Flinn,J.A.: This is an application for leave to appeal and an appeal from a decision of Justice MacAdam rendered on November 28, 1996 and the interlocutory order of December 27, 1996 giving effect to the decision. Justice MacAdam had before him an application of the appellants for the production by the respondent of various documents and an application by the respondent for an order requiring the appellants to return or destroy all copies of privileged documents which had been obtained by the appellants' counsel without the knowledge or consent of the respondent. Justice MacAdam dismissed the appellants' application and allowed the respondent's. We have considered the submissions of counsel and the ruling of Justice MacAdam. We are of the opinion privilege was not waived with respect to the documents in question. We agree with Justice MacAdam's disposition of the two applications. The leave application is dismissed with costs of, $1,500 plus disbursements, payable forwith. Hallett, J.A. Concurred in: Chipman, J.A. Pugsley, J.A.