Litigation Privilege Protects Adjuster's File When does litigation privilege arise in tort claims? Panetta v. Retrocom , 2013 ONSC 2386 (S.C.J.) In this slip and fall action, there was a...
Litigation Privilege - Production of Lawyer's Notes of Interview A recent case deals with production of statements taken by an opposing party. It provides a summary of the principles relating to litigatio...
Information contained in written statement insured gave to insurer – is the insured required to provide this information at examination for discovery? In Sangaralingam v. Sinnathurai , [2011] ONSC 1618 , when examining the defendant for discovery, counsel for the plaintiff requested that th...
Disclosure of Surveillance - 2 Aherne v. Chang, 2011 ONSC 3846 This is an appeal from Master Short’s recent decision on the issue of ‘when is privilege waived?’. The defe...
Is the information in a statement by an Insured to an Insurer privileged? Sangaralingam v. Sinnathurai, [2009] O.J. No. 5211 (Master). During examinations for discovery, information gathered by insurance companies...
Insurance Adjuster's Documents and Litigation Privilege Insurance defence counsel routinely put most, if not all, documents created by an insurer in its investigation of a claim in to schedule B o...