The respondent brought a motion under Rule 19(11) of the Family Law Rules seeking production of third-party medical records from two physicians treating the applicant.
The respondent claimed the records were necessary to support his custody claim, alleging the applicant's medical conditions and addictions posed a risk to the child.
The applicant opposed the motion, arguing the request constituted a fishing expedition and violated her privacy rights.
The court applied the Wigmore test for case-by-case privilege and found that the respondent had not met the threshold for production of the physician's complete medical file, as detailed medical reports had already been provided addressing the respondent's specific concerns.
