What are the redacted text messages of a unionized unionized employee and the union’s lawyer?
Ontario, Canada
The following excerpt is from Labourers’ International Union of North America, Local 183 v Turnkey Site Solutions Ltd. and Parkscape Ltd., 2019 CanLII 4192 (ON LRB):
9. In this case, the redacted text messages are instances where the organizer texted the employee that he would talk to a lawyer in response to a question or complaint from the employee. The text messages that follow do not disclose whether the organizer actually spoke to the lawyer in response to the employee’s question, disclose any advice he received, or indicate whether or how the union was going to proceed with prospective or ongoing litigation. As these messages are not communications to and/or from a solicitor and client seeking legal advice (see Blank v. Canada (Minister of Justice), [2006] 2 S.C.R. 319, 2006 SCC 39) and were not created for the dominant purpose of litigation, they are not protected by solicitor-client or litigation privilege.
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