The applicant physician faced disciplinary proceedings before the College of Physicians and Surgeons of Ontario regarding allegations of sexual abuse made by a former patient.
The applicant sought to disclose the complainant's psychiatric records, which he obtained both while acting as her treating physician and later in error, to challenge her credibility and reliability based on her diagnosis of borderline personality disorder.
The Divisional Court held that section 35(9) of the Mental Health Act applied to both sets of records, taking precedence over the Personal Health Information Protection Act.
The court ordered disclosure of the records, finding it was essential in the interests of justice to allow the applicant to make full answer and defence, while protecting the complainant's privacy through a publication ban.
