What is the meaning of the first paragraph of an order requiring disclosure of a plaintiff’s medical records?
British Columbia, Canada
The following excerpt is from McDaniel v. McDaniel, 2008 BCSC 653 (CanLII):
The first paragraph of the order, despite some awkward wording, appears to amount to a declaration that the plaintiff is, as of the date of the order, entitled to benefits. That was, indeed, the conclusion of Allan J. in McDaniel v. Provident Life, 2007 BCSC 1674, where she dismissed an application for disclosure of documents relevant only to the plaintiff’s ongoing entitlement to benefits. She held that the question of whether the plaintiff was “totally disabled” at the time of settlement or thereafter had been removed from the litigation by the settlement.
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