This session focused on key legal trends and challenges that arise during investigations, offering attendees strategic insights and best practices for navigating privilege, credibility, and procedural fairness.

Here are some of the key takeaways for employers and HR professionals:

• Can you claim privilege over a workplace investigation? Cristina Wendel broke down recent case law around solicitor-client and litigation privilege, including Prosser v. Industrial Alliance Insurance. She highlighted the importance of establishing clear intent at the outset, avoiding waiver through pleadings, and ensuring that investigations conducted under Respectful Workplace Policies are properly framed to support a privilege claim when needed.
• Credibility assessments: Who to believe? Victoria Merritt explored how to assess witness credibility using real-world examples like Sarba v. Ruskin Construction and Inland Concrete. She emphasized the difference between honesty and reliability, outlined key credibility factors, and warned against relying on subjective impressions (i.e., “gut feeling” or “vibes”) unsupported by evidence.
• Procedural fairness updates from Ontario and Québec. Stephanie Lewis shared timely updates on procedural fairness obligations, drawing from recent cases such as Toronto Metropolitan Faculty Association v. Toronto Metropolitan University. She discussed best practices for managing timing, conflicts of interest, and legal-retainer confusion, all while ensuring the investigation process remains fair and defensible.

As always, we wrapped up with a live Q&A where our national team addressed practical questions from attendees on privilege, fairness, and fact-finding.

Download a copy of the presentation slides.

Moderator and speaker:

Stephanie V. Lewis, Counsel, Ottawa

Speakers:

Cristina Wendel, Partner, Edmonton

Victoria Merritt, Senior Associate, Vancouver

Accreditation

LSBC: This session is registered for 60 Substantive minutes with the Law Society of British Columbia.

LSO: This program is eligible for up to 60 Substantive minutes with the Law Society of Ontario

Barreau du Québec: In our view, this session would meet the CLE requirements of the Barreau du Québec. Please email Annie Girard to receive a confirmation of attendance.

Questions

Please contact dentonscanada.events@dentons.com if you have any questions about this event.