Anthony W. Snider

The Children and Family Services for York Region ("the Society") brought a motion seeking three orders: placing a child (A.G.) in the Society's care, appointing independent legal counsel for the children (A.G. and M.G.), and requiring the father (J.G.) to undergo a sexual behaviours assessment, including phallometric testing.

The motion to place A.G. in care was adjourned by consent for kin assessments.

The court dismissed the request for independent legal counsel, finding it unnecessary and potentially detrimental in a case marked by parental alienation, where the children's views were already known and potentially influenced by the mother.

The court also dismissed the request for a sexual behaviours assessment, ruling it was not "necessary" under section 98(2) of the Child Youth and Family Services Act, given the inconclusive nature of the allegations, the intrusive nature of the testing, and the existence of other grounds for protection related to parental conflict and alienation.

In a child protection status review proceeding, the mother sought third-party disclosure of school records and therapeutic counselling records relating to the children and the father in order to respond to a pending summary judgment motion.

The court applied Rule 19(11) of the Family Law Rules governing non-party disclosure and considered whether counselling records were protected by case-specific privilege using the Wigmore test.

While school records and the notes of a psychological associate facilitating therapeutic access were ordered produced, the court held that private therapy records were protected by privilege due to the confidential therapist‑patient relationship and the strong privacy interests of the children.

The request for those therapy records was speculative and constituted a fishing expedition.

The court concluded that disclosure was not necessary for the moving party to make full answer and defence.