Is a party to a personal injury action entitled to production of a party’s personal injury report?
British Columbia, Canada
The following excerpt is from Liszkay v. Brouwer & Company General Insurance Adjusters Ltd., 1978 CanLII 416 (BC CA):
Counsel for the appellants, relying on the dissenting judgment of Singleton, L.J., in Schneider v. Leigh, supra, submitted that the reports should be treated as privileged even though they were not prepared with regard to this particular action. He submitted, further, that if we ruled against him on the question of privilege we should impose a condition that the order for production will not take effect until the action in Holland has been determined.
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