The applicant, who suffered a spinal cord injury in a snowmobile accident, sought production of the insurer's complete adjuster's file from the date of the Application for Mediation onwards.
The insurer argued that documents created after the mediation application were protected by litigation or solicitor-client privilege.
The arbitrator found that the adjuster's file was reasonably relevant to the ongoing dispute over catastrophic impairment and a special award.
The arbitrator rejected the presumption that the file is automatically privileged after the mediation application date, ordering the insurer to disclose the entire file or provide a specific list of documents with a rationale for any claims of privilege.
