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01 Aug 2017

Plaintiff Ordered to Request and Produce Section B Medical File

by Jason Caissie
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King v. Dupris and Michaud, 2017 NBQB 100

The Plaintiff, Gloria King, commenced an action against the Defendants after she suffered injuries in a motor vehicle accident. The Defendants’ solicitor filed a motion for production of the Plaintiff’s Section B medical file.

The Court reviewed a previous decision of the Court of Appeal on the matter, Tower v. Foulkes, 2015 NBCA 29. In Tower, the Court of Appeal found that the Plaintiff did not have an enforceable right to his Section B file, and as such, a Court could not order production of that file.

The Plaintiff relied on the Tower decision to deny production.

The Motion’s Judge distinguished this case from the Tower decision. In Tower, the Plaintiff was not a named insured on the motor vehicle policy under which he was receiving benefits. Because the Plaintiff was not a named insured, the insurer did not owe him the same duties. The Motion’s Judge found that named insureds have enforceable rights against their insurers to their Section B files.

The Motion’s Judge ordered the Section B insurer to deliver the Section B medical documents to Ms. King, and ordered Ms. King to list every document provided in her affidavit of documents and provide all non-privileged documents to the Defendants.

Ms. King has appealed the decision, and the Court of Appeal has granted leave to hear the appeal.

You can read King v. Dupris and Michaud, 2017 NBQB 100, in its entirety here.