H.K. v. The Commonwealth Mutual Insurance Group (18-005647)

The claimant sought production of log notes from the date of the first FSCO arbitration application up to the date of the LAT application. The insurer argued that these notes were protected by privilege. Adjudicator Fricot concluded that the log notes between the date of the FSCO arbitration application up to the date of the LAT application were producible if the notes pertained to one of the accident benefits in dispute, and were not protected by privilege. The insurer was required to consider each relevant log note entry and explain whether it was subject to litigation privilege or solicitor-client privilege. The insurer was also permitted to redact reserve information.