Newfoundland Injury Law Blog

Court Decides to Hear Appeal of Astonishing Decision

I wrote about this in an earlier post “Astonishing Invasion of Personal Privacy Challenged on Appeal”.    The Court of Appeal has now granted leave to appeal, meaning permission to argue the merits of the decision made by the judge in the Trial Division. 

The implication of the decision in the Trial Division is that all personal and confidential medical and financial information is put in issue and discloseable to the other side whenever a person claims a personal injury.  My clients the Szetos, injured in an auto accident in St. John’s and both of them physicians, know the value and importance of confidentiality and were greatly taken aback by the intrusive and far-reaching nature of the decision.  They instructed me to seek leave to appeal, and the Court of Appeal has now granted this, in a brief decision available here.

The brief on leave to appeal is also available in our Library.   I will post again on the progress of this case, which should be of intense interest to personal injury lawyers and their injured clients, both in Newfoundland and Labrador and elsewhere in Atlantic Canada.

Labels: appeal auto accident confidentiality injury pain privacy suffering