How have courts refused production of medical records in medical malpractice cases?
British Columbia, Canada
The following excerpt is from Stanway v. Wyeth Canada Inc., 2010 BCSC 1497 (CanLII):
In Pearson v. Inco Ltd. (2002), 22 C.P.C. (5th) 167, the court refused production of medical records on the basis that they would not advance consideration of the issues of whether there are common issues or whether a class action is a preferable procedure for the resolution of common issues.
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