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.
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