Dr. DeCunha

A mother sought disclosure of her children's therapy records in the context of a Status Review Application challenging a crown wardship order made without access.

The Children's Aid Society moved to dismiss the disclosure motion and to strike the mother's application as disclosing no reasonable claim.

The court dismissed the disclosure motion, finding that the children's therapy records were protected by case-specific privilege under the Wigmore test, that the children had significant privacy interests, and that the mother's request was speculative and lacked relevance to the issues before the court.

The court also struck the mother's application for failing to establish a prima facie case for material change of circumstances or to demonstrate steps taken to address the protection concerns that led to the crown wardship order.

The appellant mother appealed a summary judgment order making her infant child a Crown Ward with no access for the purposes of adoption.

The motion judge had relied heavily on a past parenting capacity assessment and historical child protection involvement, while dismissing the mother's new evidence, which included a recent psychological assessment and a plan of care with her new partner.

The Superior Court of Justice allowed the appeal, finding that the motion judge erred in granting summary judgment because the mother had presented sufficient conflicting evidence that required a trial.

The court ordered an expedited trial to determine the child's disposition.