The defendants brought a motion for leave to appeal an order requiring a defendant to disclose the material information contained in a statement he gave to his insurer following a motor vehicle accident.
The statement itself was protected by litigation privilege.
The motion judge found that the order compelling disclosure conflicted with other Ontario decisions regarding whether the contents of a privileged statement must be disclosed on discovery.
Leave to appeal was granted as it was desirable for the Divisional Court to clarify when the contents of such statements are subject to disclosure.
