S.S. v. D.S.

S.S. v. D.S.

The court ordered disclosure of the psychologist's full file, including videotaped child interviews, raw test data and test brochures, to counsel under strictly limited protective conditions because the need to test and assess the foundation and reliability of expert opinions in child custody/child protection...

Source-derived case information.

Citation
2008 NSSC 87
Parties
Petitioner: S. S.; Respondent: D. S.; Non Party Expert (psychologist): Valerie Rule
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 March 2008
Procedural Posture
Family Law (divorce, Custody, Child Protection) / Interim Disclosure Motion Prior to Final Divorce Trial (pre Trial)
Outcome
Disclosure granted with protective conditions
Legal Topics
Expert Disclosure, Confidentiality/privilege, Psychological Testing Materials, Video Interview Disclosure, Protective Orders, Test User Agreements/copyright
Source Language
english
Family Law Child Protection Evidence Privacy Law Intellectual Property Professional Ethics Expert Disclosure Confidentiality/privilege +4 more

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Summary, issues, holding and outcome

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Parties

S. S.

Petitioner

D. S.

Respondent

Valerie Rule

Non Party Expert (psychologist)

Procedural Posture

Family Law (divorce, Custody, Child Protection) / Interim Disclosure Motion Prior to Final Divorce Trial (pre Trial)

Legal Issues

  1. 1 Whether the psychologist must disclose raw test data, test materials and videotaped child interviews
  2. 2 Whether publisher non-disclosure/copyright obligations or privacy statutes (PIPEDA/provincial law) bar disclosure
  3. 3 Whether confidentiality or a new privilege protects psychologist-child communications from disclosure

Ratio Decidendi

The court ordered disclosure of the psychologist's full file, including videotaped child interviews, raw test data and test brochures, to counsel under strictly limited protective conditions because the need to test and assess the foundation and reliability of expert opinions in child custody/child protection litigation and the best interests of the children outweigh the confidentiality and publisher copyright arguments, subject to measures to prevent public dissemination and protect test security.

Court Disposition

Disclosure granted with protective conditions

Orders

  • Uncontested portions of the psychologist's file to be produced promptly to counsel for the mother
  • Videotaped interviews, raw test data and brochures to be made available for review only at the office of the Children\'s Aid Society for Inverness/Richmond (or other agreed secure site) under custody of counsel for the Children\'s Aid Society; counsel may view with their clients but may not copy the videotapes