What is the test for a waiver of a person’s right to access access to certain types of medical records?
Ontario, Canada
The following excerpt is from R. v. Barrick, 1998 CanLII 14766 (ON SC):
The validity of such a waiver is dependent upon it being clear and unequivocal that the person is doing so with full knowledge of the benefit afforded by the right being waived (Korponey v. Canada (Attorney General), 1982 CanLII 12 (SCC), [1982] 1 S.C.R. 41, 65 C.C.C. (2d) 65 at p. 74).
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