Brandon Daniel

In a protracted family law dispute, amicus curiae brought a motion to determine whether the self-represented respondent mother was a 'special party' lacking capacity to litigate.

Amicus sought production of the mother's health records from non-party doctors and requested broad confidentiality orders, including excluding the applicant father from the capacity hearing and denying him access to the records.

The Superior Court of Justice ordered the production of the health records for judicial vetting, applying the Stavro and Wigmore tests.

The court granted a sealing order over the file but refused to exclude the father from the proceedings, allowing his counsel restricted access to the vetted medical records to ensure trial fairness.

In a long-standing family law dispute, the court considered whether to appoint amicus curiae for the self-represented mother and whether to lift a sealing order on incomplete reports from the Office of the Children's Lawyer (OCL).

The court appointed amicus curiae to assist the mother and ensure an orderly trial, given the history of delays and the mother's difficulties in participating.

The court also lifted the sealing order, finding that the original premise for sealing the incomplete reports—that a comprehensive report would be prepared—had not materialized, and the sealed material contained relevant evidence for the upcoming trial.