Canada Case Law

Landry v. MacArthur

Court

Supreme Court of Nova Scotia

Applicant failed to prove on a balance of probabilities that the respondent's medical and employment records are relevant to the pleaded issues; requests were speculative and amounted to a fishing expedition, employment records were moot, and privacy/proportionality considerations weigh against intrusive disclosure; school records need not be produced by respondent because she provided access and the court ordered the father may obtain records directly from third-party professionals.

Source excerpt

• Disclosure
• Parental alienation
• Medical records
• Employment records
• Educational records
• Best interests of the child

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Hewer v. Cambridge

Court

Supreme Court of British Columbia

Medical malpractice claim dismissed where the court found the family doctor met the standard of care and an earlier biopsy would not have changed treatment.

• Standard of care
• Causation
• Damages
• Expert evidence
• Medical records
• Referral delays

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Toth v. The Canada Life Assurance Company

Court

Supreme Court of British Columbia

The court granted an adjournment of a 9-day trial in a disability benefits case, finding defendants could not fairly prepare because key records and expert steps were outstanding.

• Trial adjournment
• Document production
• Medical records
• Expert reports
• Costs
• Trial-adjournment

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Lepine and Lepine (on behalf of A.B.) v. Correctional Service Canada

Court

Canadian Human Rights Tribunal

The Tribunal granted the confidentiality and anonymization order because disclosure of the minor's identity and the medical records of the complainant and minor posed a real and substantial risk of undue harm to privacy and dignity, the requested measures are necessary and minimally impair the open court principle, and the privacy interests outweigh the negative effects of restricting public access.

Source excerpt

• Confidentiality orders
• Anonymization
• Open court principle
• Medical records
• Protection of minors

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Brown v. Fisher

Court

Supreme Court of British Columbia

The court dismissed a discovery application seeking answers about prior symptoms and motor vehicle accidents years before the accident, finding the requests too remote and disproportionate.

• Examination for discovery
• Pre-existing condition
• Proportionality
• Scope of discovery
• Medical records
• Examination-for-discovery

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Joda v. Bell

Court

Supreme Court of British Columbia

The court held the plaintiff need not obtain third-party medical records herself; she must provide authorizations so defendants can request them and pay the suppliers.

• Production of documents
• Medical records
• Care and control
• Third-party records
• Costs of production
• Jurisdictional limits

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R. v. Villeneuve

Court

Newfoundland and Labrador Court of Appeal

The trial judge materially misapprehended the evidence and misapplied controlling authorities; a reasonable person in the respondent’s circumstances was not psychologically detained until the Criminal Code blood demand at 5:30 a.m.; only the blood taken pursuant to the Criminal Code demand was obtained in breach of s.10(b); other evidence (medical blood, medical records, officer observations and pre‑demand statements) was not obtained in a manner that violated the Charter and should not have been excluded; judicial authorizations stood; the appeal is allowed, acquittals set aside and matter r…

Source excerpt

• Psychological detention
• Right to counsel s.10(b)
• Exclusion of evidence s.24(2)
• Judicial authorizations
• Blood sampling for evidentiary purposes
• Medical records

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Mentor Worldwide LLC v. Bosco

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed an appeal seeking pre-certification production of medical records in a proposed class action, holding the records were not necessary for certification.

• Certification
• Pre‑certification document production
• Medical records
• Duty to warn
• Standard of review of discretionary orders
• Class-action-certification

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Miller v. International Longshoremen’s Association, ILA Local 269

Court

Canadian Human Rights Tribunal

The Tribunal ordered disclosure of non-privileged documents from 2015 to present that are arguably relevant to the Complainant’s lost wages and mitigation claims (tax returns/assessments, employment dates, proof of wages and benefits, discovery transcript from the MVA action, lists of documents/exhibits from the MVA action, and expert reports filed in court including Dr. Baker). The Tribunal refused to order disclosure of settlement documents because the Respondent failed, at this stage, to meet the higher evidentiary threshold to rebut settlement privilege (relevance and necessity to prevent…

Source excerpt

• Disclosure
• Settlement privilege
• Implied undertaking
• Mitigation of damages
• Lost wages
• Medical records

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Soltani v. Fadaee

Court

Supreme Court of British Columbia

The court granted an adjournment of a family trial because key discovery, appraisals, and document production were incomplete, and the case was not ready for trial.

• Adjournment
• Abuse of process
• Readiness for trial
• Discovery/examination for discovery
• Production of documents
• Medical records

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