Bawja v. M.N.R.

The Court held that the MSP records for April 20, 2001 to September 29, 2001 are relevant to the proceedings and, pursuant to the Court's authority under Rule 110, ordered the appellant to produce those records by the specified deadline.

Source-derived case information.

Citation: 2008 TCC 551
Parties: Appellant: Rajwinder K. Bawja; Respondent: The Minister of National Revenue
Court: Tax Court of Canada
Jurisdiction: Canada
Judgment Date: 17 October 2008
Procedural Posture: Employment Insurance (tax Court) / Motion for Production Under Tax Court Rules S.110 (pre Trial Disclosure)
Outcome: Motion granted in part; appellant ordered to produce specified MSP records by deadline.
Legal Topics: Production of Medical Records, Relevance Test for Disclosure, Disclosure Under Tax Court of Canada Rules S.110
Source Language: en

Employment Insurance Tax Court Procedure Privacy/medical Records Civil Procedure Production of Medical Records Relevance Test for Disclosure Disclosure Under Tax Court of Canada Rules S.110

Source-derived case record

Summary, issues, holding and outcome

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Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Rajwinder K. Bawja

Appellant

The Minister of National Revenue

Respondent

Procedural Posture

Employment Insurance (tax Court) / Motion for Production Under Tax Court Rules S.110 (pre Trial Disclosure)

Legal Issues

1 Whether the MSP medical records for April 20, 2001 to September 29, 2001 are relevant and subject to production under Rule 110
2 Whether ordering production would improperly invade the appellant's privacy or constitute a fishing expedition

Ratio Decidendi

Court Disposition

Motion granted in part; appellant ordered to produce specified MSP records by deadline.

Orders

Appellant to provide the Respondent with copies of the MSP records for the period April 20, 2001 to September 29, 2001 inclusive on or before December 1, 2008.

Full Case Text

Judgment text and source record

1 paragraphs

Bawja v. M.N.R. Court (s) Database Tax Court of Canada Judgments Date 2008-10-17 Neutral citation 2008 TCC 551 File numbers 2007-4184(EI) Judges and Taxing Officers David W. Beaubier Subjects Employment Insurance Act Decision Content Docket: 2007-4184(EI) BETWEEN: RAJWINDER K. BAWJA, Appellant, and THE MINISTER OF NATIONAL REVENUE, Respondent. ____________________________________________________________________ Conference call held on October 17, 2008 at Vancouver , British Columbia Before: The Honourable Justice D.W. Beaubier Counsel for the Appellant: James Sayre and Sarah Khan Counsel for the Respondent: Selena Sit and Max Matas ____________________________________________________________________ ORDER WHEREAS BY Notice of Motion dated the 10th day of September, 2008, counsel for the Respondent requested an Order under section 110 of the Tax Court of Canada Rules (General Procedure) requiring the Appellant to provide the Respondent with copies of her Medical Records (“MSP Records”) for the period April 1, 2001 to September 30, 2001 inclusive; AND having heard counsel for the parties during a conference call held on Friday, October 17, 2008; NOW THEREFORE the Court orders that on or before December 1, 2008 the Appellant provide the Respondent with copies of the MSP Records for the period April 20, 2001 to September 29, 2001 inclusive. Signed at Saskatoon , Saskatchewan this 17th day of October 2008. “D.W. Beaubier” Beaubier D.J. Citation: 2008 TCC 551 Date: 20081017 Docket: 2007-4184(EI) BETWEEN: RAJWINDER K. BAWJA, Appellant, and THE MINISTER OF NATIONAL REVENUE, Respondent. REASONS FOR ORDER Beaubier D.J. [1] Counsel for the Respondent maintained that the Medical Service Records (“MSP Records”) are relevant. Counsel for the Respondent referred to the decision of Bowman, C.J. where he said that the test is relevance. [2] Counsel for the Appellant maintained that the MSP Records were personal and she said that the Respondent was on a fishing expedition. [3] The MSP Records for the period in question, namely April 20, 2001 to September 29, 2001 inclusive, are relevant and shall be produced by the Appellant on or before December 1, 2008. Signed at Saskatoon , Saskatchewan , this 17th day of October 2008. “D.W. Beaubier” Beaubier D.J. CITATION: 2008 TCC 551 COURT FILE NO.: 2007-4184(EI) STYLE OF CAUSE: Rajwinder K. Bawja and The Minister of National Revenue PLACE OF HEARING: Vancouver , British Columbia DATE OF HEARING: October 17, 2008 REASONS FOR ORDER BY: The Honourable Justice D.W. Beaubier DATE OF ORDER: October 17, 2008 APPEARANCES: Counsel for the Appellant: James Sayre and Sarah Khan Counsel for the Respondent: Selena Sit, and Max Matas COUNSEL OF RECORD: For the Appellant: Name: James Sayre Firm: Community Legal Assistance Society, Vancouver , British Columbia Name: Sarah Khan Firm: The British Columbia Public Interest Advocacy Centre, Vancouver , British Columbia For the Respondent: John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Canada

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