DRPA Preliminary Award on Investigation Report
Oct 8, 2015
When the Durham Regional Police Association requested production of a report and other documents created during an independent harassment investigation conducted by a third-party lawyer, the Durham Regional Police Services Board refused on the grounds of solicitor-client and litigation privilege. Arbitrator Trachuk found that there was no solicitor-client privilege because the investigator had been retained to conduct the investigation rather than to provide legal advice to the Board, and no litigation privilege because the dominant purpose of the investigation had been to assess the veracity of the harassment complaints rather than to help the Board prepare for litigation.
Durham RPA Preliminary Award