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SOLICITOR-CLIENT PRIVILEGE


This session discusses the impact of retaining a lawyer early in the investigation process for the purpose of giving legal advice to the party sponsoring the investigation.  It reviews how legal privilege works to protect information shared between the client and the solicitor during the relationship.  It distinguishes between legal advice privilege and litigation privilege since confidentiality protection can apply in both circumstances.

The session explains that not all information is able to be protected.  The test is that the material be integral to the process of providing legal advice.  Reports prepared in advance of retaining counsel may not be privileged.  The way in which to approach investigations using counsel from the outset is discussed.  The value of a properly drafted retainer agreement is emphasized as a useful took in defending claims by other parties that confidential reports should be released at discovery.

The possibility of the retained solicitor retaining an investigator to assist in the collection of facts and their assessment is discussed.  The definition of roles and purpose are reviewed.  How solicitor-client privilege may apply to the activities of the investigator is covered.  Included are Draft Affidavit and other material aids including some case studies.


Ross Dunsmore has pretty much done everything a labour lawyer can do!  Generally, he helps employers get it right the first time, with preparation and strategy. He strongly believes that The Best Defense is a Good Offence. Over his career, he has been a leading advocate for municipalities across Ontario in their bargaining, particularly with fire fighters.

Ross has worked with many employers on proper procedures to avoid third party intervention. His practice encompasses analysis and resolution of work place disputes; from grievances and human rights complaints to wrongful dismissals. His focus is economical strategies to avoid expensive disputes.  Creative approaches to problems are a hallmark of his advice. 

Ross obtained his Honours B.A. from McGill University in 1970 and his LL.B. from Queen's University in 1973. He joined Hicks Morley as their first law student in 1973 and was admitted to the bar in 1975. Throughout his distinguished career, Ross has practiced exclusively management labour relations law and is well-known in that field. He developed specialties in change management, reorganization, amalgamations and contracting out issues. 

In 2006, Ross Dunsmore opened his own law practice, Dunsmore Law.  He continues to be a sought after lecturer across Ontario on Human Resource subjects like:

  • Master Bargaining  

  • Police/Fire Compensation

  • Attendance Management Cost Control

  • Being Responsible!

  • What Small Employers Need to Know

  • Managing in a Union Environment

In 2013, he joined Paul Wearing in a partnership that brings together almost 100 years of management experience among the 5 lawyers involved.

Ross Dunsmore is counsel to the ACFE-GTA (Association of Certified Fraud Examiners - GTA) and
CPIO (Council of Professional Investigators of Ontario


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