The respondents brought a motion for disclosure of certain documents held in the file of in-house counsel for the Salvation Army Territorial Headquarters.
The Tribunal applied the dominant purpose test to determine whether the documents were protected by solicitor-client privilege.
The Tribunal found that some documents, such as memoranda raising specific legal issues and a letter from an outside consultant, were privileged.
However, other documents, including job questionnaires and informational charts provided to all members of the Pay Equity Committee, were not privileged and were ordered to be disclosed.
The Tribunal also held that the testimony of in-house counsel regarding his role did not result in an implied waiver of privilege with respect to communications on employment matters.
