Saturday 28 January 2017

New Brunswick medical records will not be disclosed.

This past Thursday, the Supreme Court of Canada decided that it would not review the decisions New Brunswick courts to refuse the tobacco industry defendants in the government's cost recovery suits to get access to the medical records of that province's citizens.

The issue, you may recall from an earlier post, is one that was simultaneously before the courts in New Brunswick and British Columbia.

The B.C. Court of Appeal has yet to decide whether it will align its thinking with that of Justice Thomas Cyr in New Brunswick (now left untouched by both the New Brunswick Court of Appeal and the Supreme Court), or whether it will side with  Justice Nathan Smith's different way of seeing things in B.C..

That court has now had more than 3 months to reflect on the arguments they were presented with around Thanksgiving last year. A blink of an eye in this business!