Recently, I secured an important procedural victory in the Alberta Court of King’s Bench that has serious implications for anyone navigating an injury claim in our province. The decision in Aminzadah v Choukeir, 2026 ABKB 103 is a meaningful ruling on disclosure, privacy, and control over medical records in injury cases.
As an injury lawyer with over 21 years of experience, I’ve seen firsthand how insurance companies try to use every technicality in the book to minimize what they owe to victims. My job is to level that playing field.
The Case: Fighting for the Full Story
In this case, we represented a plaintiff who had suffered injuries in two motor vehicle accidents. As is common, the defense (the insurance company) tried to dig into my client’s past to find any reason to lower the value of the claim. Specifically, it sought to give its independent medical examiner unrestricted access to my client’s full digital medical records (Netcare / Connect Care).
I fought this case because I believe your private history shouldn’t be a weapon for insurance companies to avoid their responsibilities. The core issue before the Court was whether the defence medical examiner could independently search through the plaintiff’s entire medical record, or whether the plaintiff retains control over determining which records are relevant and material.
The Court ruled in our favour and held that the defence medical examiner should not have unrestricted access to the plaintiff’s digital medical records. Instead, the plaintiff (with counsel) retains the responsibility to determine what records are relevant and material to the litigation.
In doing so, the Court reinforced a fundamental principle of Alberta law: each party is responsible for reviewing and producing its own relevant records, and opposing parties are not entitled to search through private information to decide relevance for themselves.
Why This Decision Matters for You
This isn’t just one win for one client.
This decision shows that strong legal representation can make a real difference in how evidence is controlled, protected, and fairly presented in your case.
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Protecting Victim Dignity
The court recognized that while medical history is relevant to assessing injury claims, medical records are highly sensitive and engage a person’s dignity and privacy interests. Insurers do not have a right to unrestricted access to your personal health history without clear justification.
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Control Over Your Own Records
A key outcome of this decision is that it confirms the plaintiff—not the insurance company or its experts—determines what medical records are relevant and material in the first instance.
This prevents defence experts from conducting broad, unsupervised searches through your private medical history.
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Limits on Defence Medical Examinations
While defence medical exams are allowed under Alberta law, the Court made it clear that they must be limited where necessary to protect privacy and prevent excessive intrusion.
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Leveling the Evidence Gap
Often, insurers have more resources to investigate a claim than an injured person has to protect themselves. This decision reinforces that efficiency and convenience do not outweigh a person’s privacy and dignity.
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Adds to Alberta Case Law
Aminzadah v Choukeir adds to Alberta’s body of case law on disclosure, privacy, and the proper limits of defence medical examinations in injury claims.
It will be relevant in future cases involving:
- access to Netcare / Connect Care
- defence medical examiner requests
- disputes over relevance and production
The Bigger Picture: The Road to 2027
We are in a critical window. With the Alberta government moving toward a “No-Fault” insurance system in 2027, these court battles are more important than ever. Under the current system, you still have the right to sue for fair compensation.
Wins like Aminzadah v Choukeir ensure that as long as we have the right to go to court, those courts remain a place where the truth—not just the insurance company’s version of it—is told.
My Pledge to You
At my firm, we don’t hand your case off to a junior lawyer. I handle these complex technical and legal arguments myself because I know that a single court decision can change the trajectory of your case. If you’ve been injured, don’t let the insurance company tell you what your case is worth.
Let’s review your case and make sure your privacy, your dignity, and your story are fully protected.
If you or a loved one has been seriously injured, contact Joseph A. Nagy Injury Law for a free consultation. We don’t get paid unless we win.
