The Court of Queen's Bench focused its analysis on whether the dual - purpose of the investigation (first, carrying on an investigation in
the context of a statutory requirement under the OHSA, and second, conducting an investigation in anticipation of litigation) frustrated Suncor's claim of litigation privilege.
Further, the Departments did not have a mandate to require plans and issuers to use different databases for the purposes
of implementing the Patient Protections
statutory requirements from what they may currently use, and the Departments decline to mandate the use
of one particular database in the limited
context of this rulemaking.