Jordan v. Towns Marine Electronics Ltd.
T-1577-95
Noël J.
30/4/96
10 pp.
Appeal from Prothonotary's ruling three adjusters' reports not privileged-Plaintiff's yacht in collision while being operated by defendant's remote control device-Defendant's Insurance Broker appointing adjuster to investigate claims-Four reports prepared, three before action commenced-Prothonotary correctly applying principles-In order for privilege to attach, dominant purpose for which relevant document prepared must be for submission to legal adviser in view of litigation-Counterbalancing interests of justice to make fullest possible disclosure of relevant material capable of throwing light on issues-Dominant purpose must be measured objectively on evidence, particularly intention of party who orders its creation-Time report commissioned, time prepared and time dominant purpose changes all relevant-Also, content of reports themselves relevant in determining dominant purpose-No support in authorities for distinction between test for privilege applied to plaintiffs' reports as opposed to defendants' reports-Appeal dismissed.