Defendant Statement to ICBC Regarding Crash Details Ordered to be Produced
Reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, ordering production of a statement from a Defendant to ICBC to be disclosed to the Plaintiff in a personal injury lawsuit.
In today’s case (Canning v. Mann) the Plaintiff was injured in a crash and sued for damages. The Defendant provided ICBC a statement detailing the circumstances of the crash. The Defendant refused to provide the statement to the Plaintiff in the lawsuit arguing it was privileged. The court ordered production noting there was insufficient evidence to establish litigation privilege. In ordering the statement to be disclosed Mr. Justice Basran provided the following reasons: