Is there any case law where a plaintiff’s medical records have been produced to support the argument that the evidentiary record is insufficient?
British Columbia, Canada
The following excerpt is from Miller v. Merck Frosst Canada Ltd., 2011 BCSC 1759 (CanLII):
Also, in Caputo v. Imperial Tobacco Ltd. (1997), 1997 CanLII 12162 (ON SC), 34 O.R. (3d) 314, para. 19, Winkler J. accepted that there were a “myriad of potential issues relating to each class member’s medical condition and to individual choices which may have been made to commence and continue smoking.”, and as a result the evidentiary record was insufficient without production of the plaintiff’s medical records.
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