The defendants, Chatham-Kent Children’s Services (CKCS), moved to compel the plaintiffs, Brian and Betty-Jo Kivell, to produce unredacted medical and counselling records and a further affidavit of documents.
The plaintiffs claimed the redacted portions were irrelevant, embarrassing, and subject to Wigmore privilege, relating to a private marital matter.
The court found the redacted information relevant to the plaintiffs' claimed psychological injuries and the defendants' causation defence.
The court rejected the privilege claim, finding insufficient evidence to satisfy the fourth Wigmore criterion (injury from disclosure outweighing benefit to litigation).
The motion was granted, ordering Mr. Kivell to produce the unredacted documents and a further affidavit of documents within 45 days, with a warning that failure to comply would result in dismissal of his claim.
