Limits On The Inquiry Powers Of The Syndic Of The Chambre De L'assurance De Dommages

Introduction

The Act respecting the distribution of financial products and services (the "Act") confers certain inquiry powers on the syndic of the Chambre de l'assurance de dommages (the "ChAD"), giving it access to documents or information in the possession of an insurer and in connection with the activities of one of its representatives who is the subject of an inquiry.

Sections 337 and 340 of the Act read as follows:

337. Insurers, firms, independent partnerships and mutual fund dealers and scholarship plan dealers registered in accordance with Title V of the Securities Act (chapter V-1.1) must, at the request of a syndic, forward any required document or information concerning the activities of a representative.

340. A person conducting an inquiry may

have access, at any reasonable time, to any establishment of a firm, independent representative, independent partnership or mutual fund dealer or scholarship plan dealer registered in accordance with Title V of the Securities Act (chapter V-1.1); examine and make copies of the books, registers, accounts, records and other documents of the firm, independent representative, independent partnership or mutual fund dealer or scholarship plan dealer registered in accordance with Title V of the Securities Act; require any document relating to their activities. Every person having custody, possession or control of such books, registers, accounts, records and other documents must, at the request of the person conducting the inquiry, produce them and allow them to be examined.

The case of Carole Chauvin, in her capacity as syndic of the Chambre de l'assurance de dommages v. Aviva Insurance Company of Canada et al., 2013 QCCS 6397 (on appeal)

In the case of Carole Chauvin, in her capacity as syndic of the Chambre de l'assurance de dommages v. Aviva Insurance Company of Canada et al., 2013 QCCS 6397 (on appeal), an inquiry was initiated by the syndic of the ChAD concerning an adjuster employed by Aviva with respect to his investigation of a loss reported by one of Aviva's policy holders.

As part of the inquiry, the syndic asked Aviva to provide its entire claim file, including, among other documents, legal opinions it had obtained. Aviva refused to provide certain documents to the syndic, based on grounds related to solicitor-client privilege and litigation privilege. Given Aviva's refusal to provide a complete copy of the claim file, the syndic served and filed a motion seeking access to the entire...

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