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Motion for unredacted log notes and to add punitive damages claim dismissed.
The applicant sought an order for the production of unredacted adjusting log notes and to add a claim for punitive damages to the hearing.
The applicant argued that the respondent's co-mingling of tort and accident benefits files resulted in an unfair litigation advantage and waived privilege.
The Tribunal denied the request for unredacted notes, finding no unfair advantage as the respondent had replaced both counsel and the adjuster and restricted access to the tort file.
The Tribunal also denied the request to add a claim for punitive damages, confirming it lacks jurisdiction to award punitive damages or damages based on bad faith.
