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ARTICLE · 06 DECEMBER 2023

Production Of A Plaintiff's Medical Reports From A Prior Accident

Field Law
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In a personal injury matter, a dispute arose over the production of a plaintiff's independent medical examination records and reports from a prior action.

CanadaLitigation, Mediation & Arbitration
Jill Bishop
Jill Bishop
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In a personal injury matter, a dispute arose over the production of a plaintiff's independent medical examination records and reports from a prior action. The Alberta Court of King's Bench determined that such records are almost always relevant and material and are not subject to litigation privilege, provided that the prior action has been resolved.

In 2019, the Plaintiff,Fedotkina, was injured in a motor vehicle accident by the Defendant, Obodzinski. The injuries sustained by Fedotkina were similar to the injuries she had sustained in a previous accident in 2015. As a result, a dispute arose regarding the production of independent medical examinations (IME) and other medical/legal reports completed on Fedotkina in relation to the 2015 accident.

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