The plaintiffs brought a motion under Rule 30.02(2) of the Rules of Civil Procedure seeking production of a statement prepared by a property manager shortly after a motor vehicle accident on a commercial parking lot.
The statement had been created following the accident after the property manager contacted the insurer and an adjuster and anticipated litigation.
The court held that litigation privilege attached because the dominant purpose of the investigation and statement was to prepare for potential litigation and assist the employer’s defence.
The court further held that privilege was not waived when the witness reviewed the statement prior to her examination for discovery.
The motion for production was therefore dismissed.
