In this Appeal, Alberta Health Services (“AHS”) and His Majesty the King in Right of Alberta (“Alberta”) challenged portions of a Chambers Judge’s Order. The dispute centred on the Respondent’s transmission of certain documents, specifically, two emails and their attachments dated January 7, 2025, from her AHS email to her personal account shortly before her dismissal. AHS and Alberta asserted solicitor-client privilege over these materials.

The Appeal turned primarily on the scope and application of Rule 6.8, which governs questioning on Affidavits and related matters. The Appellants sought broader examination rights under Rule 6.8 to inquire into all records the Respondent may have shared with law enforcement or oversight bodies, including the Auditor General and RCMP.

The Court upheld the Chambers Judge’s exercise of discretion to limit the scope of the Rule 6.8 questioning. The Chambers Judge had permitted questioning regarding what records the Respondent took from AHS and whether she disclosed the two allegedly privileged emails to external entities, but did not permit broader questioning into all other disclosures. The Court found no legal error or unreasonable exercise of discretion in that Decision.

The Court emphasized that rulings under Rule 6.8 are discretionary and interlocutory in nature. As such, while appellate intervention was unwarranted, the Chambers Judge retains jurisdiction to revisit the Order should there be a material change in circumstances.

Ultimately, the Appeal was allowed in part, with the Order amended to clarify that the Respondent remained bound by a prior consent Order enjoining use of the disputed documents, and to specify the scope of permissible questioning under Rule 6.8.