The claimant sought disclosure of any surveillance in the insurer’s possession, whether it intended on relying upon it or not. Adjudicator Grieves held that while any surveillance in the insurer’s possession was relevant, it was not producible if litigation privilege would apply to it (i.e. if it was obtained after the LAT dispute was commenced for the dominant purpose of the LAT proceeding). The SPPA prevented the Tribunal from ordering the production of any information that would be privileged, and barred the Tribunal from admitting any evidence that would be inadmissible in a court by reason of privilege.
