What is the test for requesting disclosure of settlement documents in a personal injury action?

The test is whether the request is relevant and material, and the defendant submits that the issue relates to the damages claimed. In the case of Pete v. Lanouette, 2002 BCSC 75 (CanLII), [2002] B.C.J. No. 116, at paras. 29 and 30 the court held as follows: 29 Much mischief would be had in these proceedings if, in fact, the plaintiff has already been compensated for “permanent physical disability” and a perspective “loss of earnings”, and a “loss of opportunity to earn income and a diminished capacity to earn income”, claims she has made in this action. 30 In effect, there is a real possibility here that without the disclosure of the settlement documents and the information requested, the plaintiff could be compensated again for injuries for which she has already received compensation. The court concluded, therefore, that the information and the disclosure must be produced.