Personal Injury News

Broad Document Disclosure Appeal Allowed

As ICBC Claims Lawyers part of our job is protecting personal injury claimants from broad requests for disclosure of  medical, employment and school records. There are limits to what ICBC and other defendant insurers can expect to receive early in the litigation, and the BC Court of Appeal agrees.
In the case of Century Services Inc. v. LeRoy, 2015 BCCA 120The Court of Appeal allowed an appeal of an extensive order for the production of documents, including records of  loans to other borrowers, appropriately redacted. the appellant contended the documents were not relevant to the litigation. In allowing the appeal the court observed,

The great breadth of the order for production of documents is, in the least, unusual, at least at this stage of the litigation. At the time this part of the application was heard, the pleadings were not settled. It seems to me to have been premature to make a broad order for production of these documents before the parties had come to a full appreciation of the scope of the triable issues, and had an opportunity to approach discovery in appropriately-sized steps.

 Read more our article Release of Confidential and Private Documents in ICBC claims and learn more about what documents must be disclosed to ICBC after a car accident.
Posted by Vancouver Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.

Tags: Document Discovery, rule 7-1, Rule 9-6

One responseBroad Document Disclosure Appeal Allowed

  • Patient Confidentiality in ICBC Injury Claims | Holness Law Group

    August 4, 2015 7:28am

    […] ICBC claimant does give up some privacy rights when they commence a personal injury lawsuit as ICBC and the defendant may demand documents to defend the claim. If a document, such as a pharmanet printout,  discloses the fact of a particular medical […]

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