The plaintiff in a wrongful dismissal action brought a motion on the eve of trial to compel the defendant employer to produce communications between its internal legal counsel and a third-party workplace investigator.
The defendant argued the motion was barred by Rule 48.04 as the action had been set down for trial, and asserted privilege over the documents.
The court held that leave was not required because the motion sought to enforce a prior production order.
The court further rejected the defendant's claims of solicitor-client and litigation privilege, ordering the production of the withheld communications within five days.
