What is the test for disclosing information from a TD report on the Ponzi scheme?
Ontario, Canada
The following excerpt is from TD Bank v. Lloyd’s Underwriters, 2021 ONSC 6903 (CanLII):
The defendants submit that they are seeking the factual information contained in TD’s investigation of the Ponzi scheme, separate from any legal conclusions or advice contained in that investigation. They compare the answers sought to the disclosure of the relevant facts contained in a privileged witness statement, and rely on the words of Master Dash in Reis v. CIBC Mortgages, 2011 ONSC 2309: “If asked, facts relevant to issues in the action must be revealed, notwithstanding that the party’s source of the information is contained in a privileged document.”
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