Bryson v. Saskatchewan Mutual Insurance Co., (1986) 50 Sask.R. 204 (QB)

• Judge: Grotsky, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: July 22, 1986
• Jurisdiction: Saskatchewan
• Citations: (1986), 50 Sask.R. 204 (QB)

Bryson v. Sask. Mutual (1986), 50 Sask.R. 204 (QB)

MLB headnote and full text

Bryson v. Saskatchewan Mutual Insurance Company

(No. 3944 A.D. 1985)

Indexed As: Bryson v. Saskatchewan Mutual Insurance Co.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Grotsky, J.

July 22, 1986.

Summary:

An insured filed a proof of loss claim with his insurer pursuant to his insurance policy after his home was broken into and a number of articles stolen. The insurer denied liability for the loss and an action was commenced. The insurer claimed privilege from production on certain documents. The insured applied for an order that the documents be produced.

The Saskatchewan Court of Queen's Bench dismissed the insured's application.

Practice - Topic 4578

Discovery - What documents must be produced - Privileged documents - Documents prepared in contemplation of litigation - Following an insurance adjuster's investigation an insured's claim was rejected - The insurer then requisitioned reports from the adjuster - The insurer refused to produce the reports claiming they were privileged - The Saskatchewan Court of Queen's Bench dismissed the insured's application to have the reports produced - The court stated that the dominant purpose for preparation of the reports was in contemplation of litigation and not for purposes of rejecting the claim.

Cases Noticed:

Birmingham and Midland Motor Omnibus Company, Limited v. London and North Western Railway Company, [1913] 3 K.B. 850, consd. [para. 21].

Ilich v. Hartford Fire Insurance Company et al. (1980), 17 C.P.C. 163 (Ont. M.C.), refd to. [para. 21].

Delta-Benco-Cascade Limited v. Lakes Cablevision Incorporated (1982), 35 O.R.(2d) 715; 26 C.P.C. 145 (Ont. M.C.), refd to. [para. 21].

Sowa & Sowa v. Alberta Power Limited, [1982] 3 W.W.R. 660 (Alta. Q.B. Master), refd to. [para. 21].

Waugh v. British Railway Board, [1980] A.C. 521; [1980] 2 All E.R. 1167, appld. [para. 22].

Saskatchewan Power Corporation v. Graham Construction Limited et al. (1985), 41 Sask.R. 317, refd to. [para. 22].

Paul's Hauling Ltd. et al. v. Baumung (1986), 49 Sask.R. 213, refd to. [para. 22].

Voth Bros. Construction (1974) Ltd. v. Board of School Trustees of School District 44 (North Vancouver), Howard and Cook, Pickering and Doyle, [1981] 5 W.W.R. 91, refd to. [para. 23].

Nova, An Alberta Corporation v. Guelph Engineering Company et al. and Daniel Valve Company et al. (third parties), [1984] 3 W.W.R. 314; 50 A.R. 199; 27 Alta. L.R.(2d) 268, refd to. [para. 23].

Levin v. Boyce (1985), 34 Man.R.(2d) 1; 34 M.V.R. 55, refd to. [para. 23].

Davies v. Harrington (1980), 39 N.S.R.(2d) 258; 71 A.P.R. 258, refd to. [para. 23].

McCaig v. Trentowsky (1983), 47 N.B.R.(2d) 71; 124 A.P.R. 71; 148 D.L.R.(3d) 724, refd to. [para. 23].

Somerville Belkin Industries Limited v. Brocklesby Transport, Kingsway Freightlines Limited and Witty, [1985] 6 W.W.R. 85, refd to. [para. 24].

Grant v. Downs (1976), 135 C.L.R. 674, refd to. [para. 24].

Statutes Noticed:

Rules of Court (Sask.), rule 215 [para. 1].

Counsel:

J. Halyk, for the applicant/plaintiff, Bryson;

R. Robertson and L. Chomyn, for the respondent/defendant, Saskatchewan Mutual Insurance Company.

This application was heard before Grotsky, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on July 22, 1986: