Are Section 44 Exam Reports under SABS Subject to PIPEDA Disclosure?

R. Lee Akazaki, C.S., B.A. (Hons.), J.D.Accident Benefits, Administrative Law, Commercial, Privacy0 Comments

To date, the Ontario personal injury bar has assumed that assessors and “IME” companies performing examinations under s. 44 of the Statutory Accident Benefits Schedule (SABS) are subject to access requirements under the Personal Information Protection and Electronic Documents Act (PIPEDA).   The “leading case” on IME’s and PIPEDA, Wyndowe v. Rousseau, a decision of the Federal Court of Appeal, held that a doctor appointed to perform an independent medical examination under a disability insurance policy had to provide access to a final report and notes.  The disability insurer’s internal process under the private insurance policy would not have been a formal dispute resolution process and therefore not exempt from PIPEDA. Under clause 9(3)(d) of PIPEDA, an organization is not required to give access to personal information if it was “generated in the course of a formal dispute resolution process.”  Is a s. 44 examination subject to that exemption?  The federal Office of the Privacy … Read More