The Applicants, judgment creditors of Wayne Sydney Novak, brought a motion to compel Lawyers Professional Indemnity Company (LAWPRO), the garnishee, to produce documents and for further cross-examination of its representative regarding Novak's professional liability insurance coverage.
LAWPRO had denied coverage to Novak and filed a garnishee statement denying indebtedness.
LAWPRO brought a cross-motion to strike portions of the Applicants' amended notice of motion, arguing lack of standing and privity of contract.
The court dismissed LAWPRO's motion to strike, finding the issue of coverage relevant to the garnishment hearing.
The court partially granted the Applicants' refusals motion, ordering further cross-examination of LAWPRO's representative on coverage and production of LAWPRO's file (excluding communications with defense counsel protected by joint solicitor-client privilege).
However, the court denied production of defense counsel's file, affirming it was protected by joint solicitor-client privilege between LAWPRO and Novak.