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ARTICLE · 19 DECEMBER 2023

Spencer v. Martin And Hillyer, 2023 ONSC 6353

McLeish Orlando LLP
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In this case, the successful Defendant of a personal injury action sought an unredacted copy of the adverse costs insurance policy belonging to the Plaintiff's counsel after having not received their costs.

CanadaInsurance
Nick Todorovic
Nick Todorovic
Jamie Davison
Jamie Davison
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In this case, the successful Defendant of a personal injury action sought an unredacted copy of the adverse costs insurance policy belonging to the Plaintiff's counsel after having not received their costs. The decision grapples with balancing issues of privilege, confidentiality, and principles of contractual interpretation.

1. Background

  1. This case originated from an action where the Plaintiff, John Belton, brought a claim for damages after being injured while walking the horse owned by the Defendant, Katie Spencer. The Plaintiff was represented by personal injury law firm, Martin & Hillyer. Following an eight-week trial, the Plaintiff's action was dismissed, and she was ordered to pay over $450,000 in disbursements and legal fees.

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