Krasovskis, Re, (1985) 7 O.A.C. 316 (DC)

• Judge: Steele, Eberle and McKinlay, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: January 10, 1985
• Jurisdiction: Ontario
• Citations: (1985), 7 O.A.C. 316 (DC)

Krasovskis, Re (1985), 7 O.A.C. 316 (DC)

MLB headnote and full text

Re Krasovskis

(No. 283/83)

Indexed As: Krasovskis, Re

Ontario Divisional Court

Steele, Eberle and McKinlay, JJ.

January 10, 1985.

Summary:

A hospital delivered medical records with respect to a deceased to the executor of the deceased. In an action contesting the deceased's will a party to the action requested production of the hospital records. The Surrogate Court refused to order production of the records.

On appeal to the Ontario Divisional Court the appeal was allowed. The court stated that the records must be produced by either the executor or the hospital.

Practice - Topic 4606

Discovery - Production of documents by non-parties - Hospital records - A hospital delivered records respecting a deceased person to the executor of the deceased with the restriction that the records "are not to be ... made available to any other party" - In an action contesting the will of the deceased the executor refused (based on the restriction) a request by a party for production of the hospital records - The Ontario Divisional Court stated that a party to a legal proceeding is entitled to see the relevant hospital records and the records must be produced by the executor or the hospital - See paragraph 5.

Words and Phrases

Person - The Ontario Divisional Court discussed the meaning of the word "person" as found in s. 49(6) of the Public Hospital Act Regulations.

Cases Noticed:

Brian et al. v. Madore, 27 C.P.C. 265, refd to. [para. 3].

Cruickshank v. Noble, 29 O.R.(2d) 604, refd to. [para. 3].

Parr et al. v. Butkovich et al., 20 O.R.(2d) 491, refd to. [para. 3].

Gravlev v. Vanturetekint International Ltd. et al., 15 C.P.C. 18, refd to. [para. 3].

Zdravkovic v. Paszano (1984), 2 O.A.C. 293; 45 O.R.(2d) 550, dist. [para. 4].

Statutes Noticed:

Public Hospital Act Regulations, sect. 49(6) [para. 6].

Counsel:

J.W. Strype, for the appellant;

G. Will, for the respondent.

This appeal was heard by Steele, Eberle and McKinlay, JJ., of the Ontario Divisional Court. The decision of the court was delivered orally by Steele, J., and was released on January 10, 1985.