What is the test for making a defendant pay for the costs associated with acquiring the relevant clinical notes and records?
Ontario, Canada
The following excerpt is from Saunders v John Doe and City of Ottawa, 2016 ONSC 2060 (CanLII):
Williams v. Martinez, [2002] O.J. No. 493 (S.C.) is a decision on a motion following examinations for discovery. The decision addresses the condition on which a plaintiff was prepared to answer undertakings and refusals – namely that the defendant pay the costs associated with acquiring the relevant clinical notes and records. The relief granted on the motion required the plaintiff to obtain the relevant records and, upon production of the records to defendant’s counsel, the defendant to reimburse the plaintiff for the cost of obtaining the records.
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