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ARTICLE · 28 OCTOBER 2016

Maintaining Privilege Over An Employer's Internal Accident Investigation

Roper Greyell LLP
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A recent decision of the Alberta Court of Queen's Bench underscores the importance of taking early steps to retain legal counsel to assist employers with serious workplace accidents.

CanadaEmployment and HR
Drew Demerse
Drew Demerse
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A recent decision of the Alberta Court of Queen's Bench underscores the importance of taking early steps to retain legal counsel to assist employers with serious workplace accidents. In Alberta v. Suncor Energy Inc, 2016 ABQB 264, certain documents and records created or collected during an accident investigation were protected by litigation and solicitor-client privilege where legal counsel made decisions with respect to the accident investigation within hours of the event.

On April 20, 2014, an employee of Suncor was involved in a fatal workplace accident at one of the company's facilities near Fort McMurray, Alberta. The RCMP and Alberta Ministry of Labour Occupational Health and Safety Division commenced an investigation into the accident.  Suncor also commenced its own internal accident investigation.

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