A recent case from the Divisional Court interpreted the scope of a tribunal’s solicitor-client privilege and deliberative secrecy. Derenzis v. Gore Mutual Insurance Co[1] involved an appeal and application for judicial review (heard together) in the Divisional Court regarding several decisions made by the License Appeal Tribunal (the “Tribunal”) with respect to the motor vehicle statutory accident benefits of Ms. Derenzis (the “Applicant”).
In proceedings before the LAT, the Applicant submitted an affidavit from a former LAT adjudicator, Dr. Karina Kowal, which contained information and internal Tribunal documents that the affiant obtained as a Tribunal adjudicator. The Tribunal struck portions of the affidavit and its exhibits on the basis that they were covered by solicitor-client privilege and deliberative secrecy.
The Tribunal also ordered the parties and Dr. Kowal to destroy the affidavits and confirm that this had been done.