The applicant sought judicial review of an interlocutory order made at a Small Claims Court settlement conference in a medical negligence action.
The order required the applicant to produce expert reports and directed third-party hospitals and doctors to produce the applicant's medical records.
The Divisional Court held that the Small Claims Court judge had jurisdiction to order the production of expert reports under the Rules of the Small Claims Court.
However, the court concluded that the Small Claims Court lacks jurisdiction to order third-party production of documents.
The application was allowed in part, and the third-party production order was set aside.
