02 Mar Raj v. Khosravi

Raj v. Khosravi, 2015 BCCA 49, highlights a concern for individuals who represent themselves and have direct contact with an Insurance Corporation of British Columbia adjuster after a motor vehicle accident. 

After Mr. Raj was involved in a car accident where there was minimal damage, he dealt with an ICBC adjuster directly.  The adjuster interviewed Mr. Raj regarding the collision, his injuries and how his injuries affected his ability to work. Mr. Raj claimed to have injured his neck, lower back and shoulders, and he also felt that he was suffering from Post- Traumatic Stress Disorder (“PTSD”).  The adjuster felt that Mr. Raj’s statements and demeanor were inconsistent, and he determined that Mr. Raj would likely start a lawsuit seeking compensation for his injuries.  Shortly after the interview, the ICBC adjuster hired a private investigator to videotape Mr. Raj and to prepare a surveillance report. 

Once Mr. Raj started a court action, ICBC refused to provide him with a copy of the surveillance report.  ICBC relied on “litigation privilege”, which is a legal doctrine allowing a party to maintain privilege over a document prepared when litigation is a “reasonable prospect”.   

Mr. Raj applied to the Court to have ICBC give him a copy of the report.  The case went all the way to the B.C. Court of Appeal, which decided that ICBC did not have to give Mr. Raj a copy of the surveillance report.