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ARTICLE · 07 MARCH 2025

When Are Workplace Investigation Reports Protected By Solicitor-Client Privilege?

Osler, Hoskin & Harcourt LLP
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In Starrs v. Troczynski, 2024 BCSC 2267 (Starrs), the plaintiff sought a production order against his former employer, Heidelberg Materials Canada Limited (HMC), for a workplace investigation report (the Report).

CanadaEmployment and HR
Steven Dickie
Steven Dickie
Diana Holloway
Diana Holloway
Carleigh Farquhar
Carleigh Farquhar
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Case summary

In Starrs v. Troczynski, 2024 BCSC 2267 (Starrs), the plaintiff sought a production order against his former employer, Heidelberg Materials Canada Limited (HMC), for a workplace investigation report (the Report). The investigation was initiated in response to the plaintiff's alleged breaches of HMC's drug and alcohol policy. HMC's in-house counsel had directed a third party, Integrated Risk Investigations Security Solutions Corp. (the Investigator), to undertake the investigation and prepare the Report. HMC's in-house counsel had then provided a copy of the Report to its external employment counsel in connection with seeking their legal advice about the possibility of terminating the plaintiff's employment.

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