Is a plaintiff's medical report privileged?

British Columbia, Canada


The following excerpt is from Siddaway v. Conchawalit, 1995 CanLII 3065 (BC SC):

4 I cannot accede to this submission. If, as was established in Bates v. Stubbs the imposition of both terms is considered just so as to correct the imbalance between the parties which arises because of the plaintiff being given a medical report which would ordinarily be privileged, then it is no answer that the defendants already have most of the medical information in the plaintiff's hands. If the letter is relevant, it should, normally, be subject to the usual conditions for production.

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