On November 27th, Justice Carole Brown of the Ontario Superior Court of Justice dismissed a intrusion upon seclusion and negligence claim brought against lawyers who had acted in the defence of a personal injury claim. The claim alleged the lawyers acted unlawfully by:
- providing the plaintiff’s medical information to and requesting addendum reports from defence medical exports for the purposes of trial and discussing the contents of the reports at trial;
- serving copies of a Rule 30:10 (third-party production) motion; and
- obtaining the plaintiff’s university transcript for purposes of trial.
This is not surprising, though the university transcript was apparently obtained in advance of trial after service of a summons to witness. Justice Brown noted that the defendants did not deceive the summonsed witness and that, in any event, the plaintiff herself adduced the transcript at trial.
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