The defendant Kinark brought a motion for leave to issue a third-party claim and to compel the plaintiff to answer refusals from examinations for discovery.
The plaintiffs brought a cross-motion for the production of a workplace investigation report over which Kinark claimed solicitor-client privilege.
The court first ordered the parties to obtain an order under the Youth Criminal Justice Act before further using youth records.
The court denied leave for the third-party claim, finding it was statute-barred and would prejudice the plaintiffs.
The court ordered the plaintiff to answer most of the refused discovery questions, subject to obtaining a YCJA order where applicable.
Finally, the court ordered the production of the workplace investigation report, finding it was not protected by solicitor-client privilege as the lawyer who authored it was not retained to provide legal advice.
