Can an independent adjuster’s report prepared in advance of litigation be disclosed to the opposing party?
British Columbia, Canada
The following excerpt is from Jones v. West Shore Parks and Recreation Society, 2015 BCSC 1837 (CanLII):
The defendants rely primarily on Sauvé v. ICBC, 2010 BCSC 763, a personal injury action in which two independent adjuster’s reports prepared in advance of litigation were found to be protected from disclosure to the opposing party. The court found that by the time the reports were prepared, the author: … had concluded that, litigation … was a ‘near certainty’. She not only knew at that time, the severity of the accident, the severity of the injuries and the involvement of an unidentified driver, but she also knew what the witnesses had to say. (Para. 33)
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