The plaintiff moved for production of TD General Insurance Company's file contents.
TD, acting as the statutory third party and motor vehicle liability insurer for defendant Jamil Haider, resisted the motion, asserting litigation privilege.
The court dismissed the plaintiff's motion, holding that litigation privilege had not been waived by TD taking an off-coverage position or by its solicitors ceasing to act for the insured.
The court found that the plaintiff's request was too broad, the information sought was not directly relevant to the plaintiff's *lis* with TD, and crucially, the plaintiff failed to demonstrate that there was no reasonable alternative form of evidence to obtain the information, having not exhausted all avenues to obtain information from the insured or other sources.
