Casavant v BC General Employees’ Union
BC General Employees’ Union
Law Firm / Organization
Moore Edgar Lyster LLP
Bryce J. Casavant
Law Firm / Organization
Self Represented

Background:

  • Bryce Casavant, a former BC Conservation Officer and union member, was disciplined in 2015 for refusing to euthanize two bear cubs.
  • The BCGEU filed grievances, leading to a 2016 Settlement where Casavant:
    • Had disciplinary records removed.
    • Accepted a new position with the same salary and benefits.
    • Received funding for further education.
    • Released the union and employer from any claims related to his past employment.
  • Casavant later sought to set aside the Settlement and be reinstated as a Conservation Officer.

Legal Proceedings:

  • Casavant #1 (2020 BCCA 159): The BC Court of Appeal found the grievance process invalid but left the Settlement intact.
  • Casavant #2 (2022 BCSC 1573, aff’d 2023 BCCA 320): Courts ruled the Settlement was binding despite jurisdictional flaws.

Current Petition:

  • Casavant sought declarations that:
    1. He had a solicitor-client relationship with BCGEU lawyer Esther Ostrower.
    2. He was entitled to unredacted grievance files without going through BCGEU’s Privacy Officer.
  • Court’s Decision:
    • No solicitor-client relationship existed; union lawyers represent the union, not individual members.
    • Legal advice alone does not create a solicitor-client relationship.
    • Casavant is not entitled to the grievance files under solicitor-client privilege but can seek them via privacy laws.
    • Petition dismissed; the Settlement remains binding.
    • No monetary award specified.
Supreme Court of British Columbia
S100922
Labour & Employment Law
Respondent