Judge orders former AHS CEO Mentzelopoulos to return dozens of privileged documents
Justice Michael Lema ruled that 46 documents must be returned, destroyed, or deleted. The dispute centers on whether they contain legal privilege.
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Justice Michael Lema ordered former Alberta Health Services CEO Mentzelopoulos to return dozens of documents on Thursday, ending a two-day hearing over whether they were protected by legal privilege.
The judge ruled 46 documents legally privileged — about 90 per cent of those the government and AHS argued should be protected. Mentzelopoulos must return all original privileged or confidential records in her possession, destroy any hard copies, and delete any electronic copies. She cannot disclose or use them unless a court permits it. The sealed documents include legal advice, communications between legal counsel, AHS internal memos, and photographs of screens Mentzelopoulos took during her employment.
Mentzelopoulos is suing the Alberta government for $1.7 million, alleging she was terminated improperly by someone who lacked authority to fire her and that the firing was retaliation for investigating political interference in procurement and contracting. The government and AHS deny all wrongdoing, saying she was terminated for failing to deliver on a health care reform plan.
The ruling carries immediate stakes: government lawyers have asked the law firm representing Mentzelopoulos to file an affidavit by October 9 detailing who reviewed the privileged documents, to what extent they were reviewed, what steps the firm took to limit access, and whether they were shared outside the firm. The government is seeking "leave to seek further relief, including the potential disqualification of that lawyer's firm."
Mentzelopoulos's lawyers have accused the government and AHS of failing to disclose key records. The government and AHS countered that Mentzelopoulos is "fishing" for documents that may not exist. Neither side offered immediate comment on Thursday's ruling.
As reported by HOC in July, Mentzelopoulos had previously sought to disqualify the government's legal team over the same privilege dispute.
The facts
How many documents did the judge rule were legally privileged?
Justice Michael Lema ruled that 46 documents were legally privileged, representing approximately 90 per cent of those the government and Alberta Health Services argued should be protected.
What must Mentzelopoulos do with the privileged documents?
Mentzelopoulos must return all original privileged or confidential records in her possession, destroy any hard copies, and delete any electronic copies. She cannot disclose or use them unless a court permits it.
How much is Mentzelopoulos suing the Alberta government for?
Mentzelopoulos is suing for $1.7 million, alleging she was terminated improperly by someone without authority to fire her and that the termination was retaliation for investigating political interference in procurement and contracting.
