Unger v. Sun Alliance and London Assurance Co., (1977) 4 A.R. 439 (TD)
| Court | Court of Queen's Bench of Alberta (Canada) |
| Case Date | March 14, 1977 |
| Citations | (1977), 4 A.R. 439 (TD) |
Unger v. Sun Alliance (1977), 4 A.R. 439 (TD)
MLB headnote and full text
Unger v. Sun Alliance and London Assurance Co. Ltd.
Indexed As: Unger v. Sun Alliance and London Assurance Co.
Alberta Supreme Court
Trial Division
Judicial District of Edmonton
L.D. Hyndman, Q.C., Master in Chambers
March 14, 1977.
Summary:
This headnote contains no summary.
Practice - Topic 4572
Discovery - Production of documents - What documents must be produced - Whether documents were in the possession or power of a party - Rules of Court (Alta.), Rule 186 - The plaintiff beneficiary claimed the proceeds of a life insurance policy which was issued on the life of the plaintiff's husband - The defendant insurer rejected the claim and alleged that the husband failed to disclose material facts respecting his health in the application for insurance - Before trial the defendant requested the plaintiff to produce hospital records respecting treatment of the husband for cancer - The Alberta Supreme Court, Trial Division, stated that the hospital records were within the plaintiff's power and liable to production because the plaintiff could apply for the information pursuant to s. 35 of the Hospitals Act - See paragraph 12.
Practice - Topic 4576
Discovery - Production of documents - What documents must be produced - Privileged documents - Doctors and hospital records - The plaintiff beneficiary claimed the proceeds of a life insurance policy which was issued on the life of the plaintiff's husband - The defendant insurer rejected the claim and alleged that the husband failed to disclose material facts respecting his health in the application for insurance - The defendant requested the plaintiff to produce doctors and hospital records which the plaintiff alleged were privileged - The Alberta Supreme Court, Trial Division, ordered the plaintiff to produce the doctors and hospital records - The Trial Division stated that the legal protection of confidential communication is limited to communications which take place for the purpose of obtaining legal advice from professional persons - See paragraph 14.
Cases Noticed:
MacPhayden v. Employers Liability Insurance Company, [1933] O.W.N. 72, dist. [para. 10].
Trust v. Little, [1962] O.W.N. 141, folld. [para. 10].
Strass v. Goldsack, [1975] 6 W.W.R. 155, folld. [para. 13].
Wheeler v. LeMarchant (1881), 17 Ch.D. 675, folld. [para. 14].
Western Union v. Nihill, [1973] 5 W.W.R. 242, folld. [para. 17].
Statutes Noticed:
Rules of Court (Alta.), rule 186 [para. 8].
Hospitals Act, R.S.A. 1970, c. 174, sect. 35 [para. 11].
Counsel:
R.A. McLennan, Q.C., for the plaintiff;
Alec T. Murray, for the defendant.
The judgment of the Alberta Supreme Court, Trial Division was delivered by L.D. HYNDMAN, Q.C., Master in Chambers at Edmonton, Alberta on March 14, 1977.
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Unger v. Sun Alliance & London Assurance Co., (1978) 11 A.R. 404 (TD)
...by the defendant and ordered the plaintiff to produce the documents in question. The decision of L.D. Hyndman, Q.C., is reported at 4 A.R. 439. The plaintiff appealed to a judge of the Trial Division of the Alberta Supreme Steer, J., of the Trial Division of the Alberta Supreme Court dismis......
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Mitchell et al. v. Aldrete et al., (1981) 31 Nfld. & P.E.I.R. 340 (NFCA)
...- See paragraphs 7 to 11. Cases Noticed: Evans v. Bartlam, [1937] A.C. 473, appld. [para. 6]. Unger v. Sun Alliance, [1978] 4 W.W.R. 759; 4 A.R. 439, appld. [para. Statutes Noticed: Hospitals Act, S.N. 1971, c. 81, sect. 36 [para. 7]. Interpretation Act, R.S.N. 1970, c. 182, sect. 26(1)(w) ......
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Mitchell et al. v. Aldrete et al., (1980) 26 Nfld. & P.E.I.R. 368 (NFTD)
...118, appld. [para. 16]. Marriott v. Chamberlain (1886), 17 Q.B.D. 154, appld. [para. 18]. Unger v. Sun Alliance, [1978] 4 W.W.R. 759; 4 A.R. 439, dist. [para. Re General Accident Assurance Company of Canada v. Sunnybrook Hospital, 23 O.R.(2d) 513, refd to. [para. 32]. Alterskye v. Scott, [1......
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Unger v. Sun Alliance & London Assurance Co., (1978) 11 A.R. 404 (TD)
...by the defendant and ordered the plaintiff to produce the documents in question. The decision of L.D. Hyndman, Q.C., is reported at 4 A.R. 439. The plaintiff appealed to a judge of the Trial Division of the Alberta Supreme Steer, J., of the Trial Division of the Alberta Supreme Court dismis......
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Mitchell et al. v. Aldrete et al., (1981) 31 Nfld. & P.E.I.R. 340 (NFCA)
...- See paragraphs 7 to 11. Cases Noticed: Evans v. Bartlam, [1937] A.C. 473, appld. [para. 6]. Unger v. Sun Alliance, [1978] 4 W.W.R. 759; 4 A.R. 439, appld. [para. Statutes Noticed: Hospitals Act, S.N. 1971, c. 81, sect. 36 [para. 7]. Interpretation Act, R.S.N. 1970, c. 182, sect. 26(1)(w) ......
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Mitchell et al. v. Aldrete et al., (1980) 26 Nfld. & P.E.I.R. 368 (NFTD)
...118, appld. [para. 16]. Marriott v. Chamberlain (1886), 17 Q.B.D. 154, appld. [para. 18]. Unger v. Sun Alliance, [1978] 4 W.W.R. 759; 4 A.R. 439, dist. [para. Re General Accident Assurance Company of Canada v. Sunnybrook Hospital, 23 O.R.(2d) 513, refd to. [para. 32]. Alterskye v. Scott, [1......