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Litigation Privilege – Respecting the Right to Privacy and the Confidentiality of Medical Files – Communication of Medical Reports Used to Claim Disability Insurance Benefits.

February 2017 Donati Maisonneuve, Quebec

Beitinjaneh v. Ozre Montreal locataire, u.l.c. 2016 QCCS 4250

The plaintiff was seated at a table with his wife when a concrete slab fell from the structure, crushing and fatally wounding her. He sued the defendants for the physical and psychological harm he suffered, while refusing to provide the medical reports required by his insurer to support his claim for disability benefits. He was invoking litigation privilege and maintained that he is the only person who can decide whether expert reports under his control can be produced.

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