Is a waiver of confidentiality an implied authorization to release?

British Columbia, Canada


The following excerpt is from Swirski v. Hachey, 1995 CanLII 617 (BC SC):

18 With great respect, I find myself unable to follow the decisions of St. Louis v. Feleki and Morin v. Tessier. I have been unable to locate authority for the distinction between a waiver of confidentiality (or the implied authorization to release) as to a medical matter generally, documents relating to that medical matter, and the persons providing such medical service. Counsel have not provided any. On the other hand, there is a vast array of undoubted authority for the proposition that confidentiality is waived simply by the commencement of action.

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