Date: 2011-03-15 Docket: 08 3690 Master C.P. Bouck. | Link

Personal injury case in which the defendants seek evidence that some of the complaints relate to pre-existing conditions by soliciting PharmaNet records. The defence argues that "(T)he response states that the PharmaNet records need not be produced as  those records could not be used to prove or disprove a material fact as that concept is discussed in Biehl v. Strang 2010 BCSC 1391. Nor do the records assist the defendants in proving or disproving such a fact." The court denied the motion because the notice of application was "deficient in identifying the basis for an order requiring production of these records". At para 48, the court says: "(I)n this case, I do not have the benefit of knowing whether the statement of defence pleads a pre-existing condition or injury. It would be wrong for me to go behind the application record to determine that fact. All that has been said is that causation is in issue. That statement is not sufficient for me to determine whether pre-accident pharmacological records are relevant."