The plaintiff in a motor vehicle accident action sought to compel the defendant to disclose information contained in a written statement the defendant had provided to his insurer.
The master refused the request, but the motion judge ordered the defendant to answer.
On appeal to the Divisional Court, the court held that the information was protected by litigation privilege.
The court found that the plaintiff had alternative means to obtain the relevant facts by questioning the defendant directly during discovery.
Furthermore, the court concluded that the question was improper as it was directed solely to the defendant's credibility.
The appeal was allowed and the master's decision restored.
