Compagnie d’assurance AIG du Canada v. Solmax International inc., 2016 QCCA 258
Unlike the adjuster’s report, exchanges between an insurer’s different departments about the validity of a claim are not protected by litigation privilege. During the appeal of a judgment rendered by the Superior Court dismissing an objection by the insurer on the basis of litigation privilege, when certain internal communications concerning the decision whether or not to cover the claim were exchanged between the appellant’s different departments, the Court of Appeal confirms that this privilege can only be invoked if the document was prepared for the main purpose of litigation.