Providing Summary of Party’s Statement Generally Not Required

At examinations for discovery, counsel will sometimes ask for a summary of an opposing party’s statement. Such a summary usually does not have to be provided, if the statement is protected by litigation privilege. This issue was addressed by the Divisional Court in Sangaralingam v. Sinnathurai, 2011 ONSC 1618 (Div. Ct.).

In that case, the plaintiff requested a summary of a statement given by the defendant to his insurer. The Divisional Court indicated that the plaintiff had every opportunity to ask the defendant questions on discovery about material issues.

The Divisional Court concluded: “…it is my opinion that the question was being asked for the sole purpose of finding out what Mr. Ciampaglia told his insurer, not for the purpose of eliciting information relevant to material issues. As such, it was being asked solely for the purpose of credibility and need not be answered”.