The Children's Aid Society brought a motion within a child protection proceeding for the production of a psychological assessment of a child and for disclosure of educational records from the school board.
The child and parents opposed the release of the psychological assessment to the Society, citing the child's privacy rights and arguing the assessment was obtained solely for educational advocacy.
The court applied the Wigmore test and section 130 of the Child, Youth and Family Services Act, finding that the records were highly relevant to assessing child protection concerns and that the child's privacy interests did not outweigh the need for disclosure.
The motion was granted, and the records were ordered to be released to the Society.
