ACC Files Letter Supporting Review of Litigation Privilege Issue in the Supreme Court of Canada


ACC Position: 

ACC and its Canadian chapters sent a letter in support of Suncor Energy Inc.’s leave for appeal to the Supreme Court of Canada to review the Alberta Court of Appeal’s ruling in Alberta v Suncor Energy Inc. The Alberta Court of Appeal’s ruling narrows the scope of litigation privilege, and ACC’s letter urges the Supreme Court of Canada to hear Suncor Energy’s appeal. At issue in the case is whether litigation privilege covers the entirety of an internal investigation file and whether a regulatory obligation to provide information related to workplace accidents affects the extent to which materials gathered in an investigation can be considered privileged. The Court of Appeal decision also creates a burdensome process for analyzing privilege, suggesting courts examine claims of privilege “document by document.” ACC’s letter also points out that allowing the Court of Appeal’s decision to stand would create cross-border inconsistencies, especially in other common law jurisdictions.

See ACC’s letter here.

See Suncor Energy Inc.’s leave for appeal here.