John Richard Thomson

The appellant insurer appealed an arbitrator's preliminary order requiring the production of reserve information, surveillance reports, and investigative reports.

On appeal, the respondent sought to introduce fresh evidence consisting of two letters that were not before the arbitrator.

The Director's Delegate applied the Palmer test and refused leave to file the fresh evidence, finding that the letters could have been adduced at the motion with due diligence and were not determinative of the issues.

The applicant sought production of the insurer's file in a dispute over statutory accident benefits.

The insurer claimed solicitor-client privilege, litigation privilege, and lack of relevance over various documents, including an investigation report previously disclosed.

The arbitrator found that the insurer failed to establish the evidentiary foundation for its privilege claims, noting that the claims investigation phase requires neutrality rather than an orientation toward litigation.

The insurer was ordered to produce the disputed documents, including the dates reserves were set, but not the reserve amounts.