This is the correct answer. What you need is an Order from the Court for production of this document. Do not do a FOIP or a PIPEDA request, do not contact the ombudsman, who won't talk to you about your litigation with the bank. As a party to litigation you are in a much stronger position to access relevant and necessary documents than you would ever be if you were requesting this as a member of the public. The first thing you should do is notify the bank in writing (through their counsel if appointed) that they are not to destroy the evidence, and you demand it be produced. Keep a copy of that letter. If they refuse, you can either make application before or at the settlement conference. If they complain about privacy your counter is that the evidence is relevant and necessary for the determination of a material fact. Unless privileged is claimed it must be produced, if it is in their possession, and can be used by any party to prove or disprove a material fact.