Précis: The Federal Court of Appeal held that preliminary investigation reports were not privileged even though counsel had been retained.
Full SummaryUniversal Sales Limited v. Edinburgh Assurance Co. Ltd., 2009 FC 150
The plaintiffs (the insureds) sought indemnity from the defendants (the insurers) for a settlement payment made by the plaintiffs to the federal government related to the sinking and raising of the “Irving Whale”. The insurers denied coverage alleging the settlement was made without their consent contrary to the terms of the policy. In these applications the plaintiffs/insureds sought production of …
Full SummaryWappen-Reederei GmbH & Co. KG v. The "Hyde Park", 2006 FC 150
This is an important case dealing with the interpretation of sections 28 and 29 of the Canadian Transportation Accident Investigation and Safety Board Act and questions of privilege. [Section 28 of the Act deals with “on-board recordings” (defined as recordings originating from or received on or in the bridge or control room of a ship) and provides that such recordings …
Full SummaryCommercial Union Assurance Company PLC. v. M.T. Fishing Co. Ltd., 1999 CanLII 7472
In this matter the Plaintiff insurers paid out a fire damage claim. Subsequently, it was learned that the fire may have been intentionally set. The insurers then instituted a fresh investigation into these allegations which ultimately resulted in commencement of the present action to recover the insurance moneys paid. At issue in this motion was whether the reports and information …
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