M v Ryan

(1995) 6 Med LR 285

BRITISH COLUMBIA COURT OF APPEAL

Judge MACFARLANE, Judge SOUTHIN, and Judge TAYLOR

Practice and procedure — Discovery — Privilege — Medical records — Action by patient against psychiatrist alleging repeated sexual assaults and resulting harm — Third party psychiatrist treating patient ordered to deliver up medical records of patient — Patient not intending to call third party as witness — Exercise of court's discretion under rule 26(11) of the British Columbia Supreme Court rules — Whether documents in patient's possession or control were privileged — Whether physician had personal claim for privilege — might have could only be from harm which would come to the physician; there was nothing in Dr Parfitt's affidavits which would permit her to assert a personal claim of privilege