INVASION OF PRIVACY - Personal information

Law360 Canada ( July 31, 2019, 10:11 AM EDT) -- Appeal by Universe from an order striking his claim against the respondents, a solicitor and his law firm. In 2017, the appellant sued a regional health authority and other individuals, alleging he was mistreated and assaulted in the course of seeking medical treatment. The respondents were retained to represent the defendants and filed a response to the claim. The list of the defendants’ documents included 368 pages of the appellant’s medical records, covering a five-year period. Following service of the list of documents, the appellant sued the respondents and others, alleging breaches of the Privacy Act, the Legal Profession Act, and intentional infliction of harm. The appellant alleged that the respondent lawyers wrongfully accessed the appellant’s medical records without his consent and without first having obtained a court order. The respondents applied to strike the claim. The chambers judge concluded that the appellant’s claim did not give rise to a cause of action against the respondents. Obtaining and producing documents in the course of litigation did not constitute any independent act or breach, and the appellant’s confidentiality was protected by the implied undertaking rule. Universe appealed....
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