The moving party, Echelon, sought production of a transcript of an examination under oath of the defendant vehicle owner, conducted by his insurer, Peel Mutual.
Peel resisted production, claiming litigation privilege.
The Master found that Peel failed to meet the evidentiary onus to establish that the dominant purpose of the examination was reasonably anticipated litigation, as the evidence indicated the primary purpose was adjusting a property damage claim.
The motion for production was granted.
