Levin v. Boyce, (1984) 30 Man.R.(2d) 151 (QB)

• Judge: Simonsen, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: September 18, 1984
• Jurisdiction: Manitoba
• Citations: (1984), 30 Man.R.(2d) 151 (QB)

Levin v. Boyce (1984), 30 Man.R.(2d) 151 (QB)

MLB headnote and full text

Levin v. Boyce

(Suit No. 113/83)

Indexed As: Levin v. Boyce

Manitoba Court of Queen's Bench

Simonsen, J.

September 18, 1984.

Summary:

Following a motor vehicle accident, the defendant insured made a statement to her insurer, Manitoba Public Insurance Corporation. The statement was now in the possession of the insured's counsel. The plaintiff, who sued the insured for damages for personal injuries suffered in the accident, sought production of the statement. The defendant claimed that the statement was privileged.

The Referee denied the claim for privilege. The defendant appealed.

The Manitoba Court of Queen's Bench allowed the appeal and held that the statement need not be produced to the plaintiff.

Evidence - Topic 4209

Witnesses - Privilege - Communications to public officials - Compulsory reports to public insurers - All insured parties to an automobile accident or who know of a risk of claim, in Manitoba, were required by Regulation to report particulars to their insurer, the Manitoba Public Insurance Corporation - S. 19 of the Manitoba Public Insurance Corporation Act provided that statements, information and reports given to the Corporation under the Act and Regulations were confidential and "shall not be made public for any purpose whatsoever" - The Manitoba Court of Queen's Bench held that s. 19 overrode any of the usual rules of privilege and disclosure and thus an insured's statement to the Corporation need not be produced to an opposite party - See paragraphs 6 to 19.

Cases Noticed:

Steeves v. Rapanos, [1982] 6 W.W.R. 244 (B.C.S.C.), not appld. [para. 15].

Steeves v. Rapanos, [1983] 2 W.W.R. 380 (B.C.C.A.), not appld. [para. 15].

Lehman, Offrowich, Johnston, Shaw v. Insurance Corporation of Ireland et al. (1983), 25 Man.R.(2d) 198, dist. [para. 15].

Kowall v. McRae and McRae (1979), 2 Man.R.(2d) 78, dist. [para. 15].

Statutes Noticed:

Automobile Insurance Act, S.M. 1970, c. 102; C.C.S.M., c. A-180, sect. 6(5) [paras. 8, 13-14]; sect. 19 [paras. 11-12, 17-18].

Automobile Insurance Act Regulations, Reg. 333/74, sect. 37(f), sect. 37(g) [para. 9].

Counsel:

D.J. Nelko, for the plaintiff;

T.B. Kumka, for the defendant.

This appeal was heard before Simonsen, J., of the Manitoba Court of Queen's Bench, whose decision was delivered on September 18, 1984.