MENTZELOPOULOS v ALBERTA HEALTH SERVICES

This was an Application brought by the Defendants for an interlocutory injunction in a wrongful dismissal action. The Defendants also sought permission to question the Plaintiff pursuant to Rule 6.8. The Court accepted that Rule 6.8 questioning was appropriate to determine what records the Plaintiff removed prior to her termination and to whom those records were distributed. In accordance with Rule 6.8, the Court held that Rules 6.16 to 6.20 applied, and that the questioning transcript must be filed by the questioning party.

Relying on Rule 6.38, the Court ordered the Plaintiff to attend questioning and confirmed the Court's authority to direct the production of records relevant to the pending Application. The scope of questioning was limited to two issues: what records the Plaintiff removed, and to whom those records were provided. The Court prohibited questioning about communications with the Auditor General or law enforcement to preserve the integrity of ongoing investigations.

The Court adjourned the Applications for interlocutory injunctions sine die pending questioning. The matter was directed to return before the Court for a Rule 4.10 Case Conference following questioning. The Court confirmed that transcripts would not be filed until after the Case Conference and directed that process for determining privilege, litigation planning, and potential case management would be addressed at that time.