The applicant, a former Senior Manager, Compliance, sought court advice and direction regarding claims for solicitor-client privilege asserted by the Toronto-Dominion Bank and its subsidiaries over documents and information in her possession.
The applicant had previously initiated a wrongful dismissal claim and sent whistleblower reports to regulators using internal Bank documents.
The Bank asserted privilege over certain materials and applied redactions.
The court found that the documents and information in the applicant's possession were subject to solicitor-client privilege and should be returned or redacted.
The court also denied the applicant's request for her litigation counsel to review the privileged materials, finding no "absolute necessity," and rejected arguments that the privilege belonged to trust beneficiaries or was negated by a future crimes/fraud exception.
The application was dismissed in its entirety, and costs were awarded to the Bank.
