Is there a distinction between litigation privilege and litigation privilege?

Panetta has raised a distinction about litigation privilege that has been adopted by other courts. In Plenert v. Melnik Estate, 2016 BCSC 403, the case arose from a serious motor vehicle accident involving several vehicles. A third-party was responsible for maintenance of the section of highway where the accident happened. There were allegations that slippery conditions contributed to the accident. The company responsible for road maintenance retained an adjuster to investigate. The other parties made a motion for production of the adjuster’s files.