The accused, charged with first-degree murder, brought an O'Connor application seeking the production of the deceased's OHIP records.
The court found no foundation that the records were likely relevant to the issues at trial, noting that the best evidence of the deceased's mental health was an existing psychologist's report.
The court concluded the application was based on speculation and sought to enlarge collateral issues.
The first stage test was not met, and the application was dismissed.
