The Supreme Court of Canada recently reviewed the characteristics of litigation privilege in Lizotte v Aviva Insurance Company of Canada [1]. 

 

In this case, an Aviva claims adjuster, M.B., investigated a fire that damaged the residence of a person insured by Aviva.  M.B. was later accused of making errors in managing the file.  The syndic of the Chambre de l’assurance de dommages opened an investigation with respect to M.B. and requested Aviva’s entire file relating to the insured person’s claim.  The request was based on s. 337 of the Act respecting the distribution of financial products and services (“ADFPS”), which says that insurers “must, at the request of a syndic, forward any required documentation or information concerning the activities of a representative”.… Read More