Lisa Spiegel

The College of Physicians and Surgeons of Ontario sought judicial review of an interlocutory order made by its Discipline Committee.

The Committee had ordered the production of confidential third-party medical and counselling records relating to several complainants who alleged sexual abuse by the respondent physician.

The Divisional Court dismissed the application, finding that the Committee reasonably applied the principles from R. v. Mills by analogy to balance the physician's right to make full answer and defence against the complainants' privacy rights.

The Court upheld the disclosure orders for four of the five complainants.