Employee’s termination linked to alleged duplicitous accounting practices

By: Decisis

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High Court determines that the crime/fraud exception to legal professional privilege is engaged in a case where the plaintiff alleges her termination was linked to unethical accounting practices she was compelled to engage in, the court finding prima facie evidence supporting the plaintiff's claims of "moral turpitude" that could be injurious to the administration of justice if privilege were maintained; and consequently, the court will inspect the documents over which privilege has been claimed to decide on their disclosure.

Legal professional privilege - crime/fraud exception - moral turpitude - unethical accounting practices - termination of employment - prima facie evidence - document inspection - High Court - Stor System - Amended Personal Injuries Summons - discovery process - legal professional privilege waiver - legal proceedings - document preservation - spoliation.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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