What is the test for producing a plaintiff’s clinical records in Halliday form?
British Columbia, Canada
The following excerpt is from Smith (Guardian of) v. Funk, 2002 BCSC 747 (CanLII):
Counsel for the defendant relies upon the recent decision in Lutsiak v. Morton 2002 BCSC 494. That was a decision of Scarth, J. on appeal from an order of Master Tokarek. The learned master had declined to order production of the plaintiff’s clinical records in Halliday form. The records which the defendant’s solicitor sought in that case were the clinical records of a general practitioner, a dentist and a psychiatrist “relating to treatment of the plaintiff after the date of the accident from which the plaintiff alleged her injuries resulted.
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