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]

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