In a high-conflict family proceeding involving allegations of child abuse, the respondent father brought a motion for the disclosure of various non-party records, including child protection files, medical and counselling records, and the Crown brief from his ongoing criminal prosecution.
The court applied the Wigmore test and Rule 19(11) of the Family Law Rules.
The court ordered the disclosure of the child protection investigation file and the mother's mental health records, finding them relevant to the parenting issues.
However, the court dismissed the request for the children's therapeutic and medical records, finding they were protected by case-by-case privilege.
The court also declined to order the disclosure of the Crown brief to protect the integrity of the ongoing criminal prosecution.