The plaintiff brought a refusals motion to compel the defendant, Hockey Canada, to answer questions and produce documents related to its insurance policy and claims history.
The plaintiff, a former high-performance athlete, suffered quadriplegia and alleged Hockey Canada breached its duty to procure adequate insurance.
The court ordered Hockey Canada to produce un-redacted claims bordereaux and other reports, finding they were not protected by litigation or settlement privilege and that post-incident information could be relevant as remedial conduct.
However, the court required the plaintiff to serve notice on non-parties if seeking disclosure of their personal health information.
