During a hearing for an unfair labour practice complaint, the applicant union sought to cross-examine the employer's former solicitor regarding communications with the employer about an alleged plan to contract out delivery services.
The employer objected on the basis of solicitor-client privilege.
The union argued that the privilege had been waived by the employer calling the solicitor as a witness, or alternatively, that the communications fell under the crime or fraud exception.
The Board upheld the objection, finding that the employer had only waived privilege with respect to a specific settlement discussion, and that the crime or fraud exception did not extend to alleged breaches of the Labour Relations Act.
