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ARTICLE · 17 OCTOBER 2016

Court Does Not Require Defendant Insurer To Produce Its File From A Previous Related Action

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In the recent interlocutory decision, Hall v. Peel Insurance Co., 2016 ONSC 5288, the Ontario Superior Court allowed an enlarged definition of litigation privilege.

CanadaInsurance
Rebecca Bush
Rebecca Bush
Katherine Shani
Katherine Shani
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In the recent interlocutory decision, Hall v. Peel Insurance Co., 2016 ONSC 5288, the Ontario Superior Court allowed an enlarged definition of litigation privilege and found that the defendant insurer was not required to produce its complete file nor its law firm's file with respect to a previous related action.

The plaintiff was a homeowner whose house was damaged by a fire. At the time, the plaintiff's home was occupied by a tenant, Mr. Doherty. The plaintiff was insured by Wawanesa and Mr. Doherty was insured through Peel Mutual Insurance Company ("Peel Mutual").

The plaintiff commenced an action against Mr. Doherty (the "first action"). Pursuant to the provisions of the policy, Peel Mutual retained a law firm to represent it. Ultimately, the law firm got off the record due to a lack of cooperation by Mr. Doherty. Mr. Doherty's defence was struck and the plaintiff obtained default judgment against him. Mr. Doherty subsequently filed for bankruptcy and the

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