Robichaud et al. v. Constantinidis et al., 2020 ONSC 310

Following the trial in this matter, which arose from injuries the plaintiff sustained in a motor vehicle accident, Justice Schabas awarded the defendant costs in the sum of $131,980.35. The defendant sought production of plaintiff’s counsel’s adverse costs insurance policy pursuant to Rule 30.92. Counsel for the plaintiff objected on the ground that the plaintiff was not the policy holder, and production would breach solicitor-client privilege. Justice Schabas agreed with counsel for the plaintiff, declined to order production of the policy, and affirmed that where the policyholder is the law firm and not a “party”, Rule 30.02 does not apply.