The applicant union brought a motion for the production of confidential reports made to the City's Board of Control and Council regarding pay equity.
The City resisted production, arguing the reports were protected by Wigmore privilege because they were dealt with in-camera.
The Tribunal ordered production, finding that the City failed to establish the fourth precondition of the Wigmore test, as the potential injury to future confidential communications did not outweigh the benefit to the administration of justice in correctly disposing of the litigation.
