The insurer brought a motion for the production of clinical notes and records from the applicant's treating psychologist and records from the Children's Aid Society.
The applicant, a minor claiming statutory accident benefits for psychological impairment, opposed the production.
The arbitrator granted the motion, finding that the psychologist's records were prima facie relevant to the psychological impairment claim and that the probative value outweighed potential prejudice.
The arbitrator also ordered the production of the Children's Aid Society records, as they were relevant to determining whether concurrent family issues contributed to the applicant's mental distress.
