This decision addresses a motion and cross-motion for production of documents in a personal injury case.
The plaintiff sought production of defence medical expert files from Soma Medical Assessments and further documentation related to the defendants' surveillance evidence.
The defendants sought production of documents from the plaintiff's recently settled disability claim against Great West Life.
The court refused the request for Soma files, deeming it a fishing expedition and subject to litigation privilege.
However, it ordered the production of private investigator information, waiving litigation privilege due to significant privacy intrusion and public policy considerations.
The court also ordered the production of documents from the prior disability action, waiving the deemed undertaking rule given the similarity of issues and the insurer's non-opposition.
Costs were made costs in the cause.
