Associate, Employment and Labour, Toronto
Articling Student, Toronto
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.
HMC opposed the production order on the basis that the Report was subject to solicitor-client privilege. HMC emphasized that:
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