The defendants in a libel action appealed a Master's decision dismissing their motion to compel production of documents and examination for discovery of a non-party investigator.
The investigator had been hired by the plaintiff employer to interview employees regarding the same allegations that formed the basis of the libel action.
The Divisional Court allowed the appeal, finding that the interview notes were relevant to the defendants' plea of justification and were not protected by privilege under the Wigmore criteria.
The court concluded it would be unfair to require the defendants to proceed to trial without discovery of the non-party.
