The moving defendants in a medical malpractice action sought an order compelling the plaintiffs to produce child welfare files from the Children's Aid Society and Nogdawindamin Family and Community Services, arguing the plaintiffs undertook to produce them at discovery.
The plaintiffs resisted, arguing the undertakings were subject to relevance and privilege, and that the files were highly sensitive and irrelevant.
The court dismissed the motion, finding the undertakings were qualified and that production of the entire child welfare files was disproportionate and highly prejudicial given the speculative relevance to the damages claims.
