LABOUR RELATIONS
Judicial review of interlocutory decision of Adjudicator appointed under Canada Labour Code, R.S.C., 1985, c. L-2, allowing objection for incompetence made by defendant concerning plaintiff’s representative also acting as assistant attorney ad litem in matter of complaint for unjust dismissal filed by defendant—Representative had also already acted as assistant attorney ad litem for plaintiff and defendant series of civil lawsuits, and that was reason for defendant’s concerns herein—Although, as a general rule, when lawyer acting for two parties, information shared by one party not considered protected by privilege from other party, possible that in circumstances such an explanation not sufficient to convince Court that reasonably informed person would be satisfied that there was no sharing of confidential information—That is what occurred in case at bar—Application dismissed.
Genex Communications Inc. v. Fillion (T-956-06, 2007 FC 276, Blais J., judgment dated 9/3/7, 23 pp.)