The applicant school board sought judicial review of a decision by the Discipline Committee of the Ontario College of Teachers ordering the production of documents.
The documents, which contained confidential legal advice, had been inadvertently disclosed to the College by a secretary employed by the board.
The Divisional Court granted the application, holding that the secretary lacked authority to waive solicitor-client privilege and that the privilege should be upheld.
The court ordered the return of the documents and the reconstitution of the prosecutorial function with a different prosecutor.
