Jordan v. Towns Marine Electronics Ltd.

In Admiralty Practice, Discovery on (Updated )

This was an appeal from a decision of the Prothonotary in which the Defendant was ordered to produce three adjuster’s reports. The Defendant had claimed privilege over the reports arguing they were made in contemplation of litigation. On appeal, the Defendant argued that as the adjusters were appointed by the liability insurer of the Defendant, the only possible purpose for the preparation of the reports could be litigation. The Court disagreed. The appeal was dismissed and the Defendant was ordered to produce the reports. Both the Prothonotary’s decision and that of the Justice on appeal contain some useful discussion concerning whose intention is relevant in determining claims for privilege (the author or the person who commissions the report).