Friday, January 12, 2007

FCA grants stay of judge's order for disclosure of personal information

In Rousseau v. Wyndowe, 2006 FC 1312 (CanLII), Justice Teitelbaum ordered that information collected in connection with an independent medical exam be provided by the insurer to the complainant. He found that the information was personal information and was not covered by litigation privilege. Now, the decision is under appeal and in December Chief Justice Richard granted a stay pending appeal (Wyndowe v. Rousseau, 2006 FCA 422 (CanLII)).

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