Defendant failed to show why additional medical records relevant to issues on certification

Ontario civil | Civil Procedure


Defendant failed to show why additional medical records relevant to issues on certification

Plaintiff commenced class action on behalf of all persons who were implanted in Canada with defendant’s metal-on-metal hip products. Plaintiff had filed six affidavits, including his personal affidavit describing his experiences with defendant’s metal-on-metal hip implants. Attached to personal affidavit were six pages of medical records that were generated at time of his third surgery that also included brief synopsis of plaintiff’s first two surgeries and his experience with implants that were installed. In response to request from defendant, plaintiff had provided some additional medical information such as product code labels for hip implant components that were allegedly used in plaintiff’s first and second hip surgeries. Certification motion was scheduled to proceed in September 2015. Defendant had filed motion for summary judgment asking that action be dismissed in its entirety. Defendant brought motion for all of plaintiff’s medical records relating to his hips, his hip surgeries, and their outcomes and consequences. Motion dismissed. Bald assertions aside, defendant failed to show how or why additional medical records would assist the court or were in any way relevant to issues on certification. Dismissal of motion was without prejudice to defendant’s right to pursue records again on cross-examination. If they were refused and if defendant could show they were indeed relevant to certification, matter could be revisited on proper refusals motion.
Dine v. Biomet Inc. (Apr. 15, 2015, Ont. S.C.J., Edward P. Belobaba J., File No. CV-13-490112-CP) 252 A.C.W.S. (3d) 652.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Downey slams Purdue Pharma for not including Canadian claims

U of T's Anita Anand awarded medal by Royal Society of Canada

How criminal lawyers make referrals

Man discharged from his fourth bankruptcy

Most Read Articles

Chasm in opinions remains after statement of principles repeal

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident

Man discharged from his fourth bankruptcy