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Interlocutory family-law applications were mostly reserved for trial. The court ordered shared parental responsibilities and reciprocal access to children’s records, but left family violence, the s. 211 report, and parenting coordinator issues to trial.
The court ordered full production of children’s medical records over the doctor’s objection, finding the records relevant and the Wigmore balance favored disclosure.
The court admitted a psychiatrist’s certified clinical notes as business records under s. 42 of the Evidence Act and allowed related testimony, including a possible admission against interest.
The application was dismissed because the applicant failed to establish likely relevance for narrative records under s.278.3(4) and case law; although treatment records narrowly addressing causation of the complainant's hemorrhoids met the Stage 1 threshold, judicial review of the sealed records at Stage 2 found no portions that were likely relevant or necessary in the interests of justice, so no records were produced and the records were resealed.
Source excerpt
The court dismissed a late request for historical medical records and a further physiatrist IME, and adjourned the request for prior discovery transcripts. Costs were awarded to the plaintiff.
The court granted limited production of a deceased non-party’s hospital records in a personal injury action, using a Halliday-style review process to protect privacy.
The Court of Appeal dismissed an application for a subpoena duces tecum for complainant medical records, finding the records were not shown to be materially relevant and the claim was speculative.
The court allowed limited production of medical records in Halliday form but dismissed the defendants’ request for a neurological independent medical examination.
The court held that an MRI disk created for diagnosis and treatment was not privileged and ordered it produced.
The court allowed the defence to call a treating psychologist about prior statements by the plaintiff, holding the evidence relevant to credibility but requiring redaction of clinical records.
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