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Standard accident benefit forms and PHIPA permit disclosing non-party medical records in fraud litigation.
The plaintiff insurers alleged a conspiracy to defraud by the defendants involving false medical assessment reports and invoices for statutory accident benefits claimants.
The moving defendants sought directions on producing medical documentation containing personal health information (PHI) of non-party claimants.
The court held that the claimants' consent in the Application for Accident Benefits (OCF-1) was broad enough to permit disclosure in civil litigation.
Furthermore, section 49(1) of the Personal Health Information Protection Act, 2004 (PHIPA) independently permitted the plaintiffs, as recipients, to use and disclose PHI for the action's purposes.
To address privacy concerns, the court directed that PHI be filed separately in a sealed envelope with the presiding judicial officer, not in the public court file.
Insurer must pay separate death benefits to each parent upon whom the deceased was dependent.
Following the death of their daughter in a motor vehicle accident, both parents applied for death benefits from the insurer.
The insurer paid the father but denied the mother's claim, arguing the Statutory Accident Benefits Schedule only contemplated a single payment.
The motions judge agreed and dismissed the mother's action.
On appeal, the Divisional Court held that the wording of s. 25(2)5.i. of the Schedule, which provides for payment to 'a person' rather than 'the person', requires the insurer to make separate payments to each person upon whom the deceased was dependent.
The appeal was allowed.
