Desjardins v. Huser, 2010 BCSC 977
July 28, 2011- The injury claimant was in a car accident that occurred when she was two years old. Her claim is that she sustained a brain injury resulting in permanent cognitive deficits. She also claims that she suffered multiple permanent orthopaedic and soft tissues injuries that have resulted in permanent emotional and psychological problems.
Lawyers for ICBC applied to court to force the claimant’s guardian to sign authorizations for records in the possession of out of province healthcare providers. The Claimant did not suggest that the documents were not relevant or that they were confidential . Her lawyer simply took the position that the BC court has no jurisdiction to order a party to sign an authorization . The claimant’s personal injury lawyer relied on a few cases including Allen-Trensholme v. Simmie, [2006] B.C.J. No. 720 and Benekritis v. Taylor (4 May 2005), Vancouver M023575 (B.C.S.C.).
The judge agreed and concluded that the claimant cannot be compelled to sign the authorizations that ICBC was seeking.
Since this case as come out it has been followed by Mund v. Braun, 2010 BCSC 1714 and considered in Nikolic v. Olson,2011 BCSC 125. Nikolic puts into question whether this is still good law. Posted By Mr. Renn A. Holness
Issue: Should Injury Claimants be forced to sign authorizations for medical records outside the Province?
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