Can a plaintiff refuse to sign an authorization that would have allowed counsel to speak to a treating physician?
British Columbia, Canada
The following excerpt is from Zawadzki v. Calimoso, 2011 BCSC 45 (CanLII):
The plaintiff argues that he was under no obligation to execute the authorizations he received. In support of this proposition, he relies on the decision of Mr. Justice Hinkson, as he then was, in Stead v. Brown, 2010 BCSC 312. That case dealt with the narrow question of whether a plaintiff can be ordered to execute authorizations for the release of records in the hands of third parties. The further question of whether a plaintiff can be compelled to sign an authorization which enables counsel for the defendant to speak to various treating physicians was not addressed directly before me. In addition, I have no knowledge of why, in this case these authorizations were not signed by or on behalf of the plaintiff.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any authority or authority that can be relied on to determine a plaintiff's rights? (British Columbia, Canada)
How have the BCSC treated gaps in the reporting of a plaintiff to her physician? (British Columbia, Canada)
In assessing the credibility of an author, is the author’s credibility of the author? (British Columbia, Canada)
Does a judge have any authority or authority to determine whether a plaintiff is entitled to continue to sue for damages? (British Columbia, Canada)
Is a plaintiff's refusal to seek the advice of counsel for the purposes of postponement or adjournment of a claim? (British Columbia, Canada)
Is a plaintiff entitled to the full costs of prescription medication and the massage and physiotherapy treatments recommended by the treating physician? (British Columbia, Canada)
Is a plaintiff entitled to be treated as a thin-skulled plaintiff for the purpose of damage assessment? (British Columbia, Canada)
Is it necessary for counsel to describe documents in a way that would allow the other side to view the documents in the same way? (British Columbia, Canada)
Is there any case law where a plaintiff’s counsel failed to pass on information to the attending physician? (British Columbia, Canada)
Does the Court of Appeal have any authority or authority to interpret a document that states that a debt is enforceable? (British Columbia, Canada)
