The applicant sought an order requiring the respondent insurer to produce all surveillance evidence, regardless of whether the respondent intended to rely on it at the hearing.
The Tribunal found that while the surveillance evidence was relevant, it was protected by litigation privilege.
Surveillance obtained after the applicant filed her application to the LAT was prepared for the dominant purpose of litigation.
Therefore, the respondent was not required to disclose the surveillance unless it intended to rely on it at the hearing.
