This preliminary ruling addresses the admissibility of evidence in affidavits filed in support of competing custody and access motions, and the father's motion for production of the mother's health records.
The court found that the mother's family physician, Dr. Henrikson, is a participant expert whose reports qualify as practitioner's reports admissible under section 52 of the Evidence Act and rule 20.2(15) of the Family Law Rules, despite being unsworn.
The court ordered production of the mother's clinical notes and records concerning her mental health from 2017 to present, subject to strict terms and conditions protecting her privacy, balancing the father's right to fair process against the mother's privacy interests and the children's best interests.
