Does a plaintiff have to return a statement to his insurer that was mistakenly sent to counsel for an opposing party?

Ontario, Canada

The following excerpt is from Sangaralingam v. Sinnathurai, 2011 ONSC 1618 (CanLII):

In Kennedy v. McKenzie, the plaintiff made two statements to his insurer, one of which was mistakenly sent to counsel for an opposing party. The plaintiff brought a motion to require the lawyer to return the statement. The master concluded that the statement was not privileged. Ducharme J., on appeal, set aside the decision of the master and required that the statement be returned and copies of it destroyed. [page718]

Other Questions

Can a court order costs against a solicitor personally where the solicitor breached his or her professional obligations to opposing counsel or to the opposing counsel? (Ontario, Canada)
Does a first party insurer suffer a loss from the moment the second party insurer fails to satisfy its legal obligation to transfer a loss transfer claim? (Ontario, Canada)
Can an insurer deny coverage under a policy issued by a new insurer because the insurer was aware of a potential claim in an underlying action brought against the insureds? (Ontario, Canada)
Can a plaintiff sue only the insured motorist's uninsured motorist insurer? (Ontario, Canada)
Is there an obligation on counsel for the opposing party to produce a lengthy list of questions? (Ontario, Canada)
Is an insurer's obligation to pay insurance monies to an insured a debt that can be garnished? (Ontario, Canada)
What is the impact of a party’s email to the opposing party of a parenting motion for custody of the children? (Ontario, Canada)
Is a party entitled to rely on the fact that another party has retained counsel for advice in the negotiation process? (Ontario, Canada)
Is a personal injury insurer required to pay a plaintiff's legal fees and costs for the purposes of their insurance policy? (Ontario, Canada)
Is a crown attorney acting for the applicant in a litigation between parties not providing a service to the opposing party? (Ontario, Canada)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.