The plaintiff in a wrongful dismissal action brought a motion to compel production of documents and answers to questions refused during discovery, arguing the defendant waived solicitor-client privilege.
The alleged waiver occurred when a board member disclosed the 'bottom line' of legal advice to a workplace investigator, whose report was subsequently produced in the litigation.
The court dismissed the motion, finding that the board member lacked authority to waive privilege, the disclosure was merely an offhand comment revealing the bottom line of the advice, and the defendant did not rely on the advice to justify its termination of the plaintiff.
