What is the effect of a medical malpractice case on the cost of production?

The later decision is Dhaliwal v. Greenway, [1986] B.C.W.L.D. 1401, an unreported decision of Mr. Justice D.B. MacKinnon J., Vancouver No. B850997, 12th March 1986. That concerned an application for production by a physician. MacKinnon J. ordered production of the documents but refused to order costs. He said this: Perhaps the doctor should have sent the information requested. It certainly would have caused less trouble and expense. I have no idea why he did not do so. However, the records are his. I am not aware of any legal obligation on his part to voluntarily send them - even at the request of his patient. The records, as requested, are ordered to be produced. I see no reason - other than the convenience of others - to order costs against the physician. I refuse to do so on these grounds.

I agree with the view of the matter taken in Dhaliwal v. Greenway. Rule 26(11) places an obligation on a person not a party to disclose and part with documents in certain circumstances, but it does not create an obligation to voluntarily do that and I know of no other legal basis upon which a person not a party could be found to have such an obligation. Rule 26(11) undoubtedly is a beneficial rule but it is quite far-reaching in certain respects and must be confined to the scope defined by its own language.