On March 24, 2016, François LeBel and Jean-Benoît Pouliot appeared before the Supreme Court of Canada on behalf of the Barreau du Québec, which was acting as an intervenor.
The Barreau is intervening in the case of Karine Lizotte, in her capacity as assistant syndic of the Chambre de l’assurance de dommages v. Aviva Insurance Company of Canada et al. (file 36373).
This matter concerns the extent of the investigative powers afforded the syndic of the Chambre de l’assurance de dommages pursuant to section 337 of the Act respecting the Distribution of Financial Products and Services (CQLR, c. D-9.2) in a situation where a third-party insurer is required to provide it with documents covered by litigation privilege. The Court will have to consider the dynamic between the investigative powers of the syndic, on the one hand, and the litigation privilege and lawyer-client privilege in favour of a third party, on the other, and the principles pursuant to which the privilege can be overridden.