Aviva, compagnie d’assurances du Canada v. Sherbrooke (City of), 2016 QCCQ 6901.
The Court had to decide whether litigation privilege and professional secrecy apply to the insured’s statement to its insurer. Following a flood, Aviva, compagnie d’assurances du Canada (“Aviva”) compensated the insured party and initiated proceedings against the City of Sherbrooke (the “City”). The latter party wanted to obtain a copy of the statement that the insured gave to Aviva’s adjuster. The adjuster was refusing this request on grounds that this statement is confidential.