BC Injury Claims and Document Disclosure – Can a Court Order a Plaintiff to "Consent"?

Important reasons for judgement came to my attention today dealing with discovery of documents in BC Injury Litigation.
The BC Supreme Court Rules require parties to give discovery of relevant documents in their possession or control.  Often times there are relevant documents that are not in the Plaintiff’s possession or control but the Plaintiff has the ability to easily get these documents.  (For example medical records documenting accident related injuries.)  Such records are commonly referred to as “Third Party Records”.
When a Defendant requests Third Party Records Plaintiff’s often consent, obtain the documents, and then exchange a copy of the relevant records.  When the parties don’t consent a Court Motion can be brought.
With this background in mind today’s case dealt with an important topic; when a motion for Third Party Records is brought can the Court order that the Plaintiff sign authorizations to allow the Defendant to get the records directly?  Mr. Justice Hinkson held that such a shortcut is not allowed under the Rules of Court.
In today’s case (Stead v. Brown) the Defendant “brought an application to require the plaintiff to execute consent forms for the production of the records of some ten doctors, three hospitals, two groups of physiotherapists, WorkSafeBC, the Ministry of Housing, and Service Canada“.
The Plaintiff opposed the application on the basis that the Court lacked the power to make such an order.  Mr. Justice Hinkson agreed and held that even if the requests were relevant a Court could not compel disclosure in this fashion, instead the Defendant would have to follow the procedure set out in Rule 26(11) of the BC Supreme Court Rules.
In reaching this conclusion Mr. Justice Hinkson was referred to the BC Court of Appeal decision Peel Financial Holdings Ltd. v. Western Delta Lands where the BC High Court held that “The Supreme Court judge cited no authority fo rhis power to compel a party to consent, and no authority for such a power was provided to us.  As I jhave said, a consent given pursuant to an order is a contradiciton in terms“.
Mr. Justice Hinkson went on to find that while there was another case (Lewis v. Frye) which held that a Supreme Court judge could compel a party to sign an authorization, that decision was wrong.  Specifically Mr. Justice Hinkson held as follows:
Regrettably the decision of the Court of Appeal in Peel Financial Holdings Ltd. was not considered which Hood J. and I am persuaded that the binding nature of that authority if considered would have altered the conclusion reached by him had the authority been brought to his attention.
I conclude that the plaintiff in this case cannot be ordered to execute authorizations for the release of records in the (hands) of third parties.  The mechanism that must be pursued in order to obtain the hospital and doctors’ records is pursuant to Rule 26(11) of the Rules of Court.
This decision is important because it clarifies the procedures that must be used when Defendants in Injury Lawsuits wish to obtain the records in the hands of Third Parties and the Plaintiff does not consent.  Time will tell whether the New Rules of Court which soon come into force will effect this reasoning.

Authorizations, consent, Court Ordered Production of Documents, discovery, discovery of documents, Mr. Justice Hinkson, New BC Supreme Court Civil Rules, privacy, Rule 26(11), Rule 7-1(18), Stead v. Brown, Third Party Records

Comments (51)

  • I just want to tell you that I’m beginner to blogging and site-building and truly savored your page. Probably I’m likely to bookmark your site . You definitely come with beneficial writings. Thanks for sharing your web site.

  • I’d need to examine with you here. Which isn’t one thing I normally do! I enjoy studying a submit that can make folks think. Additionally, thanks for allowing me to remark!

  • Youre so cool! I dont suppose Ive learn anything like this before. So good to seek out anyone with some authentic thoughts on this subject. realy thank you for beginning this up. this web site is something that’s needed on the internet, somebody with somewhat originality. helpful job for bringing one thing new to the web!

  • Heya this is kind of of off topic but I was wanting to know if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding skills so I wanted to get advice from someone with experience. Any help would be enormously appreciated!

  • Aw, this was a really nice post. In concept I would like to put in writing like this additionally – taking time and actual effort to make an excellent article… but what can I say… I procrastinate alot and not at all seem to get something done.

  • Furthermore, i believe that mesothelioma is a rare form of cancers that is usually found in those people previously exposed to asbestos. Cancerous cellular material form from the mesothelium, which is a protective lining which covers most of the body’s areas. These cells usually form inside lining with the lungs, abdomen, or the sac that really encircles one’s heart. Thanks for revealing your ideas.

  • Hi there very nice site!! Guy .. Excellent .. Amazing .. I will bookmark your web site and take the feeds also…I am glad to search out so many useful information here in the publish, we need develop extra techniques on this regard, thank you for sharing.

  • Thank you a lot for giving everyone remarkably remarkable opportunity to discover important secrets from this blog. It can be so nice plus packed with amusement for me personally and my office fellow workers to visit your web site at the least thrice in one week to read the fresh stuff you will have. Of course, I am just at all times satisfied concerning the unique opinions you give. Selected 3 facts in this article are unequivocally the simplest we have all had.

  • Pretty nice post. I just stumbled upon your blog and wished to say that I have truly enjoyed surfing around your blog posts. After all I’ll be subscribing to your rss feed and I hope you write again soon!

  • I’ve been absent for some time, but now I remember why I used to love this blog. Thank you, I¡¦ll try and check back more frequently. How frequently you update your web site?

  • Thanks for another great article. Where else could anyone get that kind of info in such a perfect way of writing? I have a presentation subsequent week, and I’m on the search for such info.

  • My brother suggested I might like this website. He used to be totally right. This publish truly made my day. You cann’t believe simply how much time I had spent for this information! Thank you!

  • An interesting dialogue is value comment. I think that it is best to write extra on this topic, it may not be a taboo subject but generally persons are not sufficient to speak on such topics. To the next. Cheers

  • Howdy very nice web site!! Man .. Excellent .. Amazing .. I’ll bookmark your website and take the feeds also…I’m happy to search out so many useful info here within the publish, we’d like work out extra techniques on this regard, thanks for sharing. . . . . .

  • Everyone loves what you guys tend to be up too. This type of clever work and exposure! Keep up the superb works guys I’ve you guys to blogroll.

  • Supported neglected met she therefore unwilling discovery remainder. Way sentiments two indulgence uncommonly own. Diminution to frequently sentiments he connection continuing indulgence. An my exquisite conveying up defective. Shameless see the tolerably how continued. She enable men twenty elinor points appear. Whose merry ten yet was men seven ought balls.

  • hey there and thank you in your information – I’ve definitely picked up something new from proper here. I did however expertise some technical points using this web site, since I skilled to reload the web site many times previous to I may just get it to load correctly. I have been puzzling over if your web host is OK? Not that I’m complaining, but sluggish loading instances times will very frequently impact your placement in google and can damage your quality rating if ads and ***********|advertising|advertising|advertising and *********** with Adwords. Anyway I’m adding this RSS to my email and can glance out for much more of your respective intriguing content. Make sure you replace this once more soon..

  • Hi there, i read your blog occasionally and i own a similar one and i was just curious if you get a lot of spam comments? If so how do you stop it, any plugin or anything you can suggest? I get so much lately it’s driving me insane so any assistance is very much appreciated.

  • In this awesome pattern of things you get a B+ just for hard work. Where exactly you actually misplaced me personally ended up being on your details. As people say, the devil is in the details… And that couldn’t be much more accurate in this article. Having said that, let me tell you just what exactly did give good results. Your authoring is actually incredibly engaging and that is probably the reason why I am making an effort to comment. I do not really make it a regular habit of doing that. Secondly, despite the fact that I can easily see a leaps in reason you make, I am definitely not convinced of just how you seem to connect your ideas that help to make the conclusion. For now I will yield to your point but trust in the near future you actually link the dots better.

  • I haven’t checked in here for a while since I thought it was getting boring, but the last few posts are great quality so I guess I’ll add you back to my everyday bloglist. You deserve it my friend 🙂

  • Howdy very nice site!! Guy .. Excellent .. Wonderful .. I will bookmark your site and take the feeds also¡KI’m glad to search out so many useful info right here in the submit, we want work out more strategies on this regard, thank you for sharing. . . . . .

  • Hello, i read your blog from time to time and i own a similar one and i was just curious if you get a lot of spam remarks? If so how do you stop it, any plugin or anything you can suggest? I get so much lately it’s driving me insane so any help is very much appreciated.

  • Today, with the fast life style that everyone leads, credit cards have a huge demand throughout the economy. Persons from every area of life are using credit card and people who not using the credit card have made arrangements to apply for one in particular. Thanks for spreading your ideas in credit cards.

  • We’re a group of volunteers and opening a new scheme in our community. Your site offered us with valuable info to work on. You’ve done a formidable process and our whole neighborhood shall be thankful to you.

  • Yet another issue is really that video gaming has become one of the all-time most important forms of recreation for people of nearly every age. Kids play video games, and adults do, too. The particular XBox 360 is just about the favorite gaming systems for individuals that love to have hundreds of video games available to them, and also who like to relax and play live with other folks all over the world. Many thanks for sharing your notions.

  • I happen to be writing to make you know what a perfect encounter my friend’s daughter enjoyed checking your web site. She even learned numerous issues, with the inclusion of what it is like to possess a wonderful helping mindset to let the mediocre ones without difficulty fully understand various advanced matters. You undoubtedly did more than our expected results. Thank you for producing the productive, trusted, informative and in addition unique tips on the topic to Evelyn.

  • I do trust all of the ideas you’ve presented for your post. They’re really convincing and can definitely work. Still, the posts are very short for starters. Could you please lengthen them a little from next time? Thank you for the post.

  • Great – I should certainly pronounce, impressed with your website. I had no trouble navigating through all tabs and related information ended up being truly simple to do to access. I recently found what I hoped for before you know it in the least. Quite unusual. Is likely to appreciate it for those who add forums or anything, site theme . a tones way for your customer to communicate. Excellent task.

  • I used to be suggested this web site by means of my cousin. I am no longer certain whether this publish is written by him as no one else recognise such distinct about my problem. You are amazing! Thank you!

  • I do enjoy the manner in which you have framed this specific challenge plus it does provide us some fodder for consideration. Nevertheless, through what precisely I have seen, I simply just wish when the actual reviews pack on that people remain on issue and don’t start on a soap box regarding some other news du jour. Still, thank you for this outstanding point and even though I do not really agree with it in totality, I regard the perspective.

  • I like the valuable info you provide in your articles. I will bookmark your blog and check again here frequently. I’m quite certain I will learn a lot of new stuff right here! Good luck for the next!

  • The next time I read a weblog, I hope that it doesnt disappoint me as much as this one. I imply, I do know it was my option to read, however I really thought youd have one thing fascinating to say. All I hear is a bunch of whining about something that you may fix if you happen to werent too busy searching for attention.

  • Great – I should certainly pronounce, impressed with your website. I had no trouble navigating through all the tabs and related information ended up being truly simple to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or something, site theme . a tones way for your customer to communicate. Excellent task..

  • Awesome blog! Do you have any tips and hints for aspiring writers? I’m hoping to start my own site soon but I’m a little lost on everything. Would you advise starting with a free platform like WordPress or go for a paid option? There are so many options out there that I’m completely confused .. Any suggestions? Appreciate it!

  • Good post here. One thing I would really like to say is that often most professional career fields consider the Bachelor Degree as the entry level standard for an online degree. Even though Associate College diplomas are a great way to begin with, completing the Bachelors opens up many entrances to various occupations, there are numerous internet Bachelor Diploma Programs available via institutions like The University of Phoenix, Intercontinental University Online and Kaplan. Another issue is that many brick and mortar institutions make available Online editions of their degree programs but typically for a greatly higher fee than the organizations that specialize in online college degree programs.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer