Subpoenaed medical records deemed relevant as applicant intended to rely on medical evidence.
During an ongoing hearing, the responding party sought to introduce the applicant's subpoenaed medical records, which the applicant opposed on the basis of relevance.
The applicant had previously sought to rely on summary medical reports without calling the physicians to testify.
The Board held that the subpoenaed medical records were relevant since the applicant intended to rely on medical evidence.
The Board ruled that the onus of calling the physicians rested with the applicant, and if she chose not to call them but still relied on the reports, the responding party would be entitled to rely on the subpoenaed records in response.
Ruth Kidane v. Immigrant Women's Health Centre, 1996 CanLII 11145
