2 total
The court granted summary judgment dismissing the plaintiff's tort and Charter claims against the WSIB, finding they fell within the WSIB's exclusive jurisdiction or lacked evidentiary support.
The defendant Workplace Safety and Insurance Board (WSIB) brought a motion for summary judgment to dismiss two actions commenced by the plaintiff, Pardeep Chodha.
The plaintiff sought damages for alleged infringements of his rights under the "privacy act" unlawful act conspiracy, Charter of Rights and Freedoms, Human Rights Code, and Workplace Safety and Insurance Act, 1997, as well as breach of good faith and intentional infliction of mental suffering.
The court found no genuine issues requiring a trial, concluding that many of the plaintiff's claims were barred by the WSIB's exclusive jurisdiction or lacked evidentiary support.
The court dismissed both actions and awarded costs to the WSIB.
Litigation privilege began after explicit threat of lawsuit; earlier factual adjuster notes partly producible.
The plaintiff brought a motion to compel answers to refusals and undertakings arising from an examination for discovery in an insurance coverage dispute following a parking garage collapse.
The defendant insurer resisted production of certain documents and adjuster notes on the basis of litigation privilege and solicitor‑client privilege.
The court determined that litigation privilege arose after an unequivocal threat of litigation made by the insured’s representative on July 20, 2010, and that documents created after that date were protected.
Several earlier communications reflecting legal advice from counsel were also protected by solicitor‑client privilege, while limited factual portions of adjuster notes were ordered produced.
The court partially required disclosure of non‑privileged factual information but otherwise upheld the insurer’s privilege claims.
