In what circumstances will a court order a copy of an independent medical report from a private doctor only be obtained in writing?
British Columbia, Canada
The following excerpt is from Edgar v. Moore, 2005 BCSC 1877 (CanLII):
Madam Justice Beames, in Inhoff v. Irwin (2005), 9 C.P.C. (6th) 357, 2005 BCSC 280, was dealing with a situation where the plaintiff had made full disclosure and agreed to submit to an independent medical examination in exchange only for a copy of the results of the examination in writing. She held that the order should be made unless there existed some exceptional circumstances which weighed against it. Madam Justice Beames was considering what did and did not fall within the phrase "the results of the examination" and at paragraph 37 stated: Clearly a report setting out the results of an examination must include the doctor's notes of the history taken from the plaintiff. It must also contain the doctor's observations and findings.
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