The defendant employer appealed a master's order requiring production of an external investigation report prepared by a lawyer following a fatal incident at a long‑term care facility.
The employer argued the report and related documents were protected by solicitor‑client privilege and that the master erred in ordering disclosure.
The court held the investigation was undertaken for the purpose of providing legal advice and was therefore privileged, rejecting the master’s finding that the lawyer had not been retained in that capacity and rejecting application of the common interest exception.
However, the court concluded that privilege had been waived through fairness considerations and public disclosure of portions of the report’s findings by the employer’s representatives.
The master’s order requiring production was upheld.
