In insurance matters, litigation privilege is a frequent
principle of law raised by litigators to deny the disclosure of
documents. On February 2, 2023, Justice Daniel Dumais of the
Superior Court of Quebec adjudicated an objection based on this
particular privilege.
The context
The lawsuit was instituted by a subrogatory insurer further to a
fire, which occurred on February 12, 2019, in the City of
Saint-Prosper in Beauce, Quebec. The City was indemnified by its
insurer, which sued two defendants, including Propane G.R.G. Inc.
("G.R.G."). Michel Gagné, an
employee of G.R.G., was filling propane tanks located outside the
arena when the explosion occurred.
The objection
During Michel Gagné's pre-trial deposition, multiple
undertakings were requested, including the communication of an
internal email sent on the day of the incident at 3:49 p.m. by
Patrice Breton, G.R.G.'s vice-president, to Sylvain Bilodeau,
G.R.G.'s director
("Email#1").
