In Prothero v. Togeretz, the Plaintiff was injured in a motor vehicle accident, and subsequently advanced an ICBC claim for damages for pain and suffering, as well as other forms of damages. At one point, the Plaintiff’s treating physician wrote to Plaintiff’s counsel, requesting that the Plaintiff undergo an MRI for possible referral to a specialist for assessment, rehabilitation, and ongoing management of symptoms. Not surprisingly, the ICBC adjuster refused to pay for the cost of the MRI. The Plaintiff did nevertheless undergo an MRI on a private basis. An issue later arose as to whether or not the MRI disk should be producible in the litigation, with Plaintiff’s counsel taking the position that it was subject to litigation privilege and, as such, was not producible. The Court, however, ruled differently, stating that the MRI disk arose out of the Plaintiff’s treating physician’s investigation and treatment of the Plaintiff for his injuries, and not via the request of Plaintiff’s counsel.
 On the material before me I am unable to agree with plaintiff counsel’s assertion of litigation privilege or solicitor’s brief privilege. It appears clear on the material that the MRI was requested by Dr. Fernandes as part of his course of investigation and treatment of the plaintiff for injuries resulting from the motor vehicle accident; he then obtained the results and referred the plaintiff to a specialist for further assistance in diagnosis and treatment. Dr. Mutat was a treating doctor at the time this took place and only took on the role of expert at a later date when approached by plaintiff’s counsel.
 In the result, the MRI disk is producible and is ordered produced; it came into existence for diagnostic and treatment purposes at the request of Dr. Fernandes, not for litigation purposes at the instance of plaintiff’s counsel. In this regard it would seem that the cost of the MRI will be addressable as a special damage matter relating to medically necessary investigation and treatment rather than as a disbursement in the litigation however that will remain to be determined in the fullness of time.