The Insurance Corporation of British Columbia in most car accident personal injury claims will try to get the claimant’s Medical Services Plan(MSP) printout. The BC Supreme Court has confirmed again that ICBC is not entitled to the MSP printout in a personal injury case without good reason (Kaladjian v. Jose, 2012 BCSC 357) . This case concerns court applications for production of documents from persons not parties (“PNP”) to the lawsuit ( Rule 7-1(18) ).
This personal injury decision concerned an appeal from a Master dismissing ICBC’s court application for a copy of the claimant’s Medical Service Plan Claim. The case arose from a car accident injury in BC in which The claimant sought compensation for pain and suffering and loss of enjoyment of life, as well as past and future earnings losses, loss of homemaking capacity and cost of future care and management fees.
ICBC submitted that in refusing to order the production of the MSP report the Master was wrong in his interpretation of Rule 7-1(18) of the Rules of Court.
Further ICBC, through the defendant, submitted that the decisions of Master Baker in Anderson v. Kauhane, February 22, 2011, Vancouver Registry No. M103201 [Kauhane], and of Master Bouck in Przybysz v. Crowe, 2011 BCSC 731 [Crowe], also refusing the production of MSP reports were wrongly decided.
The Supreme Court disagreed stating at paragraph 88, “In relation to those submissions I have, for all of the foregoing reasons, concluded that if only the defendant has pleaded a pre-existing condition, Master Baker’s and Master Bouck’s decisions in Kauhane and Crowe requiring evidence to support a defendant’s application for the production of MSP records were not wrongly decided.”
Posted by Personal injury Lawyer Mr. Renn A. Holness