Are documents created for the purpose of investigation not protected by litigation privilege?
Ontario, Canada
The following excerpt is from Sky Solar (Canada) Ltd. v Economical Mutual Insurance Company, 2015 ONSC 4714 (CanLII):
Documents created for the purpose of investigation are not protected by litigation privilege simply because there was a contemplation of a denial of coverage and anticipated litigation to the anticipated denial. (Heasley v. Labelle 2013 CarswellOnt 17572 at para. 13).
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