Rule 7-1 of the British Columbia Supreme Court Rules deals with document production. A dispute between counsel, or between counsel and an ICBC adjuster, often arises with respect to whether or not a witness statement should be produced. Generally speaking, litigation privilege does not attach to witness statements gathered by ICBC during the investigative stages and, as such, such statements are frequently ordered to be produced by the Court.
In Polianskaia v. Melanson, the Plaintiff’s mother made a written statement to ICBC, however such statement was not listed in the Defendant’s list of documents. The Plaintiff made an application to force ICBC’S lawyer to produce the statement, which the Court granted.
 There is no evidence before the court which suggests that ICBC might have a statement from the plaintiff herself. The evidence addresses only the possible existence of statements made to ICBC by each of the plaintiff’s parents.
 The plaintiff’s mother deposes to having signed a written statement prepared by a representative of ICBC. Through defence counsel’s correspondence, the existence of such a statement is denied. The correspondence is not sworn evidence of either indirect or direct knowledge of the existence of this statement. In those circumstances, the court has no reliable evidence to weigh against the contrary evidence of the plaintiff’s mother. In the absence of such evidence, the order will go that ICBC is to produce to the plaintiff any written statement in its possession or control signed by Elvira Polianskaia.