What is the test for obtaining a copy of a physician’s records?
British Columbia, Canada
The following excerpt is from Sutherland v. Boughara and Fortuna Enterprises Ltd., 2002 BCSC 1829 (CanLII):
It was the applicant’s submission that the authorities cited in his outline govern this question, in particular, Hoestiwan v. Tai, supra. In that case, the defendant sought “… certain information said to be the factual basis and underpinning for the report of a physician,” more specifically, a copy of “… all clinical records relating to the examination, treatment, and assessment of the plaintiff” so that the defendant’s expert, who was to perform an independent medical examination, could use it in his assessment of the plaintiff and, if appropriate, rebut it."
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