The corporate defendants brought a motion for the production of pre-accident clinical counselling notes and for a further independent psychiatric examination of the plaintiff, two weeks before the scheduled trial of a motor vehicle accident claim.
The court granted the production of the clinical notes, finding them highly relevant to the co-plaintiff's Family Law Act claim for loss of care, guidance, and companionship.
However, the court dismissed the request for a further psychiatric examination, ruling it unreasonable and procedurally unfair to require the plaintiff to undergo another examination on the eve of trial without evidence of a significant change in her condition.
