Does section 77(1) of the Rules of Civil Procedure apply to a plaintiff's accident report?

Since the section refers to trial and not proceedings, the plaintiff argues that questions may be asked at discovery about matters contained in the accident statement. In Lowe v. Larve 1996 A.J. No.1102, Mr. Justice Hembroff citing DeMers concluded that the statements were privileged and could not be produced in the discovery process and ordered that the plaintiff’s statement was not admissible in evidence in the proceedings. I am bound by the decision in Lowe and therefore must conclude that the statutory privilege created by section 77(1) attached to the statement and makes it inadmissible in evidence at any time in the proceedings. Questions about statements in this accident report are improper and the defendant need not answer any such questions.