During an ongoing family law trial, the respondent sought production of a therapist’s clinical file after the applicant decided not to call the therapist as a witness despite earlier representations that he would testify.
The parties had also exchanged mutual undertakings to produce doctors’ files.
The court found that the respondent had relied on the applicant’s repeated statements that the therapist would testify and that the file would be produced.
Drawing on principles from R. v. Jolivet regarding fairness when litigation strategy changes mid‑trial, the court concluded that withholding the file would create unfairness.
The applicant was ordered to obtain and produce the therapist’s file so the respondent could determine whether to call the therapist as a witness.
