sec.27Duty of respondent to give documents and information to claimant

### sec.27 Duty of respondent to give documents and information to claimant A respondent must give a claimant— copies of the following in the respondent’s possession that are directly relevant to a matter in issue in the claim— reports and other documentary material about the incident alleged to have given rise to the personal injury to which the claim relates; reports about the claimant’s medical condition or prospects of rehabilitation; reports about the claimant’s cognitive, functional or vocational capacity; and if asked by the claimant— information that is in the respondent’s possession about the circumstances of, or the reasons for, the incident; or if the respondent is an insurer of a person for the claim, information that can be found out from the insured person for the claim, about the circumstances of, or the reasons for, the incident. A respondent must— give the claimant the copies mentioned in subsection (1) (a) within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving a complying part 1 notice of claim and, to the extent any report or documentary material comes into the respondent’s possession later, within 7 days after it comes into the respondent’s possession; and respond to a request under subsection (1) (b) within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving it. If the claimant requires information provided by a respondent under this section to be verified by statutory declaration, the respondent must verify the information by statutory declaration. If a respondent fails, without proper reason, to comply fully with this section, the respondent is liable for costs to the claimant resulting from the failure. s 27 amd 2003 No. 16 s 94 (sec.27-ssec.1) A respondent must give a claimant— copies of the following in the respondent’s possession that are directly relevant to a matter in issue in the claim— reports and other documentary material about the incident alleged to have given rise to the personal injury to which the claim relates; reports about the claimant’s medical condition or prospects of rehabilitation; reports about the claimant’s cognitive, functional or vocational capacity; and if asked by the claimant— information that is in the respondent’s possession about the circumstances of, or the reasons for, the incident; or if the respondent is an insurer of a person for the claim, information that can be found out from the insured person for the claim, about the circumstances of, or the reasons for, the incident. (sec.27-ssec.2) A respondent must— give the claimant the copies mentioned in subsection (1) (a) within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving a complying part 1 notice of claim and, to the extent any report or documentary material comes into the respondent’s possession later, within 7 days after it comes into the respondent’s possession; and respond to a request under subsection (1) (b) within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving it. (sec.27-ssec.3) If the claimant requires information provided by a respondent under this section to be verified by statutory declaration, the respondent must verify the information by statutory declaration. (sec.27-ssec.4) If a respondent fails, without proper reason, to comply fully with this section, the respondent is liable for costs to the claimant resulting from the failure. - (a) copies of the following in the respondent’s possession that are directly relevant to a matter in issue in the claim— (i) reports and other documentary material about the incident alleged to have given rise to the personal injury to which the claim relates; (ii) reports about the claimant’s medical condition or prospects of rehabilitation; (iii) reports about the claimant’s cognitive, functional or vocational capacity; and - (i) reports and other documentary material about the incident alleged to have given rise to the personal injury to which the claim relates; - (ii) reports about the claimant’s medical condition or prospects of rehabilitation; - (iii) reports about the claimant’s cognitive, functional or vocational capacity; and - (b) if asked by the claimant— (i) information that is in the respondent’s possession about the circumstances of, or the reasons for, the incident; or (ii) if the respondent is an insurer of a person for the claim, information that can be found out from the insured person for the claim, about the circumstances of, or the reasons for, the incident. - (i) information that is in the respondent’s possession about the circumstances of, or the reasons for, the incident; or - (ii) if the respondent is an insurer of a person for the claim, information that can be found out from the insured person for the claim, about the circumstances of, or the reasons for, the incident. - (i) reports and other documentary material about the incident alleged to have given rise to the personal injury to which the claim relates; - (ii) reports about the claimant’s medical condition or prospects of rehabilitation; - (iii) reports about the claimant’s cognitive, functional or vocational capacity; and - (i) information that is in the respondent’s possession about the circumstances of, or the reasons for, the incident; or - (ii) if the respondent is an insurer of a person for the claim, information that can be found out from the insured person for the claim, about the circumstances of, or the reasons for, the incident. - (a) give the claimant the copies mentioned in subsection (1) (a) within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving a complying part 1 notice of claim and, to the extent any report or documentary material comes into the respondent’s possession later, within 7 days after it comes into the respondent’s possession; and - (b) respond to a request under subsection (1) (b) within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving it.