Can a plaintiff refuse to sign an authorization that would have allowed counsel to speak to a treating physician?

British Columbia, Canada


The following excerpt is from Zawadzki v. Calimoso, 2011 BCSC 45 (CanLII):

The plaintiff argues that he was under no obligation to execute the authorizations he received. In support of this proposition, he relies on the decision of Mr. Justice Hinkson, as he then was, in Stead v. Brown, 2010 BCSC 312. That case dealt with the narrow question of whether a plaintiff can be ordered to execute authorizations for the release of records in the hands of third parties. The further question of whether a plaintiff can be compelled to sign an authorization which enables counsel for the defendant to speak to various treating physicians was not addressed directly before me. In addition, I have no knowledge of why, in this case these authorizations were not signed by or on behalf of the plaintiff.

Other Questions


Is there any case law where a plaintiff’s counsel failed to pass on information to the attending physician? (British Columbia, Canada)
Is a plaintiff entitled to the full costs of prescription medication and the massage and physiotherapy treatments recommended by the treating physician? (British Columbia, Canada)
Does a plaintiff have to return a statement to his insurer that was mistakenly sent to counsel for an opposing party? (Ontario, Canada)
What is the test for determining whether a plaintiff would not have suffered injuries as a result of negligence? (British Columbia, Canada)
Is there any case law where a treating physician provided no evidence at trial? (British Columbia, Canada)
What is the test for determining whether a reasonable person in a plaintiff's position would have undergone the same surgery if properly informed of the risks? (British Columbia, Canada)
Is there any case law where a plaintiff is seeking to call witnesses who would testify that they were not involved in fraudulent activities? (British Columbia, Canada)
What are the factors that determine whether a plaintiff would have accepted an offer to settle? (British Columbia, Canada)
What is the test for determining what a plaintiff would have earned but for their injuries? (British Columbia, Canada)
What is the test for a plaintiff to be put in a position he or she would have been in if they were not injured in a motor vehicle accident? (British Columbia, Canada)