Reasons for judgement were published this week by the BC Supreme Court, Vancouver Registry, denying a defence application for production of various clinical records and requesting a defence medical exam largely based on the proximity of trial.
In the recent case (Shannon v. Cook) the Plaintiff was involved in a vehicle collision and claimed damages. Various pre collision medical records were produced. With trial only three months away the Defendant brought an application for a host of further records to be produced along with a request for a further defence medical examination.
The Court dismissed both applications finding that with the trial being just around the corner the expert medical evidence should be mature and it was simply too late in the process for such an application to be granted. In dismissing the applications Master Cameron provided the following reasons: