IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Nova Scotia (Attorney General) v. Royal & Sun Alliance Insurance Company of Canada, 2003 NSSC 226
Date: 20031104
Docket: S.H. 149142
Registry: Halifax
Between:
The Attorney General of Nova Scotia, Representing
Her Majesty The Queen in Right of the Province of Nova Scotia
Plaintiff
v.
Royal & Sun Alliance Insurance Company of Canada, Guardian Insurance Company
of Canada, The Halifax Insurance Company, Wellington Insurance Company,
General Accident Assurance Company of Canada and Quebec Assurance Company
Defendants
LIBRARY HEADING
Judge: The Honourable Justice Gerald R. P. Moir
Heard: October 27, 2003
Subject: Practice: CPR 20.01 and 20.06, documents held by an agent; Administrative Law: Status of a Ministerial inquiry.
Summary: Plaintiff sued insurers for breach of duty to defend and breach of obligation to indemnity in order to recover amounts paid in settlement of claims of abuse at provincial institutions for children. The Honourable Fred Kaufman had carried out a ministerial inquiry into the settlements. Insurers sought his work notes. Province agreed. Mr. Kaufman resisted.
Issue: Custody and control of the Province? Semblance of Relevancy?
Result: Mr. Kaufman had been an agent of the Province. Subject to its review for privilege and irrelevancy, the Province had to produce documents in the hands of an unwilling but compellable agent. Based upon Mr. Kaufman’s report, some of the documents would have a semblance of relevancy. He will be ordered to give the documents to the Province.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.