What is the test for obtaining consent to compel a Health Minister to produce records relating to a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Kalaora v. Gordon, 2011 BCSC 1360 (CanLII):
I was referred to Master Brandreth-Gibb's decision in Rafferty v. Power, 15 C.P.C. (3d) 48. She stated at page 55: Consent is a voluntary act of will. Consent cannot be forced. Forced to consent is a non sequitur. A court order cannot make an involuntary act a voluntary one. At page 62: As the court does not have the power to order consent, the condition precedent to the Minister's release of the records cannot be met. Therefore, in that instance, the Minister was not required to produce documents that were relevant to an action, nothing to do with a motor vehicle accident.
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