What is the test for production of medical notes and records in a personal injury action?
Ontario, Canada
The following excerpt is from Lonergan v. Morrissette, 1993 CanLII 5565 (ON SC):
Production is always subject to the issue of relevance, the absence of which would not justify an order for production of notes and records. This plaintiff has put his entire medical history in issue when his pleadings are as broad and general as those set out in paras. 12, 13, 14 and 15 of his statement of claim: see Urban v. Whatmough (unreported) August 8, 1989, MacFarland J. (H.C.J.) at pp. 8-9 and p. 10 [summarized 16 A.C.W.S. (3d) 364].
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