Is a defendant or third party required to deliver up to a plaintiff's notes that record any history given to him by the examining doctor?

British Columbia, Canada


The following excerpt is from Idzior v. Stephens, 2006 BCSC 401 (CanLII):

Therefore at paragraph 13 of the decision in Stainer v. Plaza, Finch, J.A. sets out the requirements of Rule 30 in the following words: It therefore appears to me to be within the proper exercise of the discretion afforded under Rule 30 to impose, as a condition of ordering an independent medical examination, delivery up to a plaintiff of the examining doctor’s notes that record any history given to him by the plaintiff on the examination, and any notes that record the doctor’s observations or findings on physical examination. It would not usually, however, be fair to go further, and to require the defendant or third party to disclose any documents prepared by the doctor which contain his confidential opinions or advice to the lawyer who requested the examination, whether for the purposes of trial preparation, cross-examination at trial, or otherwise.

Other Questions


Is a plaintiff required to produce her doctor's notes, records and X-rays? (Alberta, Canada)
What is the meaning of a doctor's notes in a patient's clinical record? (British Columbia, Canada)
What are the consequences of a breach of contract where a plaintiff is entitled to a third party's "aggravated damages"? (Ontario, Canada)
What is the effect of a third party's failure to admit liability to a plaintiff prior to trial? (British Columbia, Canada)
Is there any case law where a plaintiff’s counsel fees are subsidized by a third party? (British Columbia, Canada)
Does a complete absence of a clinical record affect the credibility of a plaintiff’s medical notes? (British Columbia, Canada)
How has the court in BC considered third party privacy interests in deciding whether to grant disclosure to a plaintiff's personal computer drive? (British Columbia, Canada)
Is a third-party funding agreement required to indemnify the representative plaintiff against an adverse costs award? (Ontario, Canada)
Does a third party who has not yet approved an agreement between a plaintiff and defendant in a patent case have to be bound by the terms of the agreement? (British Columbia, Canada)
Can a defendant argue a preliminary point of law where the facts of a third party’s application have been denied? (Saskatchewan, Canada)