What is the test for a motion to dismiss an application brought by a defendant to release his own medical records?

British Columbia, Canada


The following excerpt is from Szczurowski v. Van Strien, 2009 BCPC 405 (CanLII):

The case before me has some similarities to the case of Edwards v. Linco Enterprises Ltd., [1994] B.C.J. No. 2079 wherein Schmidt P.C.J. dealt with an application brought by a defendant to dismiss a plaintiff's claim by reason of his failure to sign authorizations for release of his own medical information. Martinson P.C.J. (as she then was) had ordered that he do so, and unlike the case at bar, also ordered that if he did not complete the authorizations, a further application could be brought to dismiss the claim. It was this further application that Schmidt P.C.J. considered and in doing so he relied on the court's jurisdiction in s. 2 of the Act. He said this in para. 22 of his reasons:

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