PRIVACY
Personal Information Protection and Electronic Documents Act
As result of independent medical examination arranged by insurer, applicant’s long-term disability benefits terminated—Applicant seeking access to doctor’s notes made during examination—Notes within definition of “personal information” in Act, s. 2—Exception for solicitor-client privilege (s. 9(3)(a)) including litigation privilege—Twofold test for litigation privilege requiring reasonable prospect of litigation at time of communication be shown and that litigation be dominant purpose for creation of communication—No evidence suggesting litigation dominant purpose for medical examination—Similarly no evidence suggesting independent medical examination requisitioned by insurer indication of ongoing dispute resolution process (exception in s. 9(3)(d))—Submitting to medical examinations part of insurance contract—Applicant entitled to access to notes.
Rousseau v. Wyndowe (T-711-05, 2006 FC 1312, Teitelbaum J., jud gment dated 30/10/ 06, 16 pp.)