What is the current state of the law on access to medical records?

British Columbia, Canada


The following excerpt is from Solomon v. McLean, 2016 BCSC 1765 (CanLII):

Both parties agree that the right to access, examine and copy medical records is the right of the patient as stated in McInerney v. MacDonald, 1992 CanLII 57 (SCC), [1992] 2 S.C.R. 138 at pp. 158-159.

The defendant relies on the decision of Mr. Justice Kelleher in case of Hickey v. The Roman Catholic Archdiocese of Vancouver, 2016 BCSC 1044, as authority for the proposition that the plaintiff should obtain all documents that are within their power or control to obtain and the only obligation a defendant has in respect of these documents is to pay the costs of transmitting the documents to the firm of the defendant’s lawyer or for the photocopy costs.

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