Since our launch in 2013, BridgePoint Indemnity Company (Canada) Inc. (“LISC”) has been routinely asked if our indemnity agreements are privileged and if a defendant can demand disclosure of the cost protection we offer.
In prior blogs, LISC noted that our indemnity agreements are subject to privilege and should not be disclosed (please see our December 31, 2015 blog on the topic). Some recent decisions on point confirm this.
In Hayes v. The City of Saint John (“Hayes“) the Court reaffirmed that an indemnity agreement was subject to “litigation privilege” as the agreement was an integral part of the plaintiff’s litigation strategy. The Judge noted…Read more