Plaintiff included witness statements from report in amended statement of claim so production ordered

Ontario civil | Civil Practice and Procedure | Pleadings | Application for particulars

It was alleged that defendant law firm was involved in falsifying and submitting documentation in support of personal injury accident insurance claims made against plaintiffs, resulting in unjustified insurance payments. Defendants brought motion for full particulars respecting details of plaintiffs’ audit and investigation. Master ordered release of audit, statements of witnesses, and other communications on ground of implied waiver. Plaintiff appealed. Appeal allowed in part. Master erred in finding implied waiver of solicitor-client privilege. While there had been no waiver of privilege list of documents alleged to be fraudulent and details of fraudulent nature were not legal advice and not subject to solicitor-client privilege. Report prepared by investigator was prima facie subject to litigation privilege, but plaintiff had included witness statements from report in amended statement of claim so Master correct in ordering production. To extent Master ordered production of additional material including solicitor-client privileged communications order set aside.

TTC Insurance Company Ltd. v. MVD Law Professional Corporation (2018), 2018 CarswellOnt 16837, 2018 ONSC 5050, Schreck J. (Ont. S.C.J.); reversed (2018), 2018 CarswellOnt 6928, 2018 ONSC 2611, Master D.E. Short (Ont. S.C.J.).

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