What is the current state of the law on medical disclosure in personal injury cases?

Ontario, Canada


The following excerpt is from Rheaume v. Foster, 2021 ONSC 5804 (CanLII):

In Duggan v. Lakeridge, as above, my colleague, Edwards J. – now R.S.J. Edwards – took an approach similar to that advocated by the plaintiff. He was tasked with allocating the cost of obtaining and producing fairly routine medical records in a personal injury action. He held that “both the time and cost of obtaining the documents should be easily shifted to the party seeking the disclosure. I see no good reason why the plaintiff should shoulder this burden.”

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