Category Archives: Privacy

A hot new area of law…

Must Insurer Maintain “Firewall” Between Tort and No-Fault Claims?

In Trecartin v. Pilot Insurance Company, Mr. Justice George T. Valin considered the position of an insurer defending both a tort action and an accident benefits claim brought by the same plaintiff. In the no-fault action, the insurer, Pilot Insurance, was … Continue reading

Posted in Auto, Collateral Benefits, Discovery, Insurance News, Practice and Procedure, Privacy, Privilege | 2 Comments

Div. Ct. Says Defence Medical, Surveillance Report from Tort Claim Can’t Be Used in Subsequent AB Litigation

In Kitchenham v. AXA Insurance Canada, the Divisional Court has considered the “deemed undertaking” rule (Rule 30.1.01) in the context of personal injury litigation. The decision of the Court was written by Associate Chief Justice Douglas Cunningham, concurred in by … Continue reading

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Privacy Commissioner Says Adjuster’s Request for 5 Years of Medical Records Might Have Exceeded Scope of Authorization

In PIPEDA case #362, an insurance adjuster had obtained from an accidents benefits claimant a release for medical records. The document read as follows: I hereby authorize any doctor, hospital, clinic, institution or person, possessing information or medical records on … Continue reading

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PIPEDA Complaint Based on IME is Ruled “Not Well-Founded”

The Assistant Privacy Commissioner has rejected a complaint by insureds who alleged that their accident benefits had been terminated because of their refusal to attend an “independent medical examination” (“IME”) which had been scheduled by the insurer. The Assistant Commissioner found … Continue reading

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Surveillance Video Does Not Contravene PIPEDA

An Ontario Superior Court judge has rejected an argument, made by a plaintiff in a medical malpractice action, that surveillance video should not be received in evidence at trial because it contravened the Personal Information Protection and Electronic Documents Act … Continue reading

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