Does a party have to obtain a report from a doctor before obtaining the report from that doctor?
British Columbia, Canada
The following excerpt is from Inhoff v. Irwin et al., 2005 BCSC 280 (CanLII):
The third party in the case before me argues that Stainer v. Plaza is authority for the proposition that all of the doctors' opinions resulting from a medical examination should be protected by solicitor's brief privilege and that a party requesting an examination under Rule 30(1) should not be ordered to obtain a report from the doctor in order to protect that solicitor's brief privilege.
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