2 total
Reconsideration granted in part to allow redactions to log notes, but sequence of production upheld.
The respondent insurer requested a reconsideration of an interlocutory order requiring it to produce unredacted adjuster's log notes before the applicant provided particulars of her claim for an award.
The Tribunal varied the order to allow redactions for reserves and privilege, noting this was a simple correction of an administrative error that should have been addressed under Rule 17 rather than Rule 18.
However, the Tribunal dismissed the request to reverse the sequence of production, finding no error in law in requiring the insurer to produce the log notes before the applicant particulars her claim for an award.
The court denied leave to adduce fresh evidence and leave to appeal a costs order regarding discovery transcript disclosure.
The appellant sought leave to appeal a Master's costs award that declined to award costs to either side, arguing an error in principle and seeking to introduce fresh evidence.
The respondent opposed.
The court denied leave to adduce fresh evidence, finding a lack of due diligence and that the evidence would not affect the outcome.
The court also denied leave to appeal the costs order, finding no error in principle or plain wrongness in the Master's decision that neither party fully prevailed.
The appellant was ordered to pay the respondent's costs for the appeal.
