The applicant's employer was investigated by the Ontario Securities Commission.
The applicant was summoned to give evidence but refused to answer questions about their employment, citing a confidentiality clause in their employment agreement.
The applicant applied for directions and a declaration that the information was privileged.
The Commission cross-applied for declarations that the applicant must answer the questions.
The court dismissed the application and allowed the cross-application, finding that the information did not meet the Wigmore criteria for case-by-case privilege and that the applicant was required to attend the examination and answer all relevant questions, subject only to valid claims of privilege.
