The Alberta Court of King's Bench, in Prosser v
Industrial Alliance Insurance, 2024 ABKB 87
(“Prosser”), recently
considered the issue of whether records created from a workplace
investigation into harassment claims are covered by
solicitor-client or litigation privilege. In this case, the
investigation was conducted by an external human resources
consultant.
This decision provides useful guidance for both employers and
employees as to when a court will order the disclosure of
third-party investigative records.
The Court also provides important direction about the
circumstances where privilege may be implicitly waived, the purpose
and boundaries of affidavits sworn by assistants on the advice of
lawyers, as well as the obligations of corporate representatives to
properly inform themselves in responding to questions and
undertakings.
