The plaintiff sued her attending physicians and a prosthesis manufacturer for medical malpractice, claiming damages for pain, suffering, and reactive depression.
During examination on discovery, the defendants sought disclosure of the plaintiff's psychiatric records.
The plaintiff refused, citing professional secrecy.
The Supreme Court of Canada held that by claiming damages for psychological harm, the plaintiff implicitly waived the confidentiality of her medical records.
The defendants demonstrated the apparent relevance of the records for their defence, and the trial judge correctly dismissed the plaintiff's objection to disclosure.
