In a personal injury action, the defendants requested the plaintiff attend a defence medical examination with a neuropsychologist.
The plaintiff agreed on the condition that the neuropsychologist's raw test data be produced directly to plaintiff's counsel.
The neuropsychologist refused, citing professional guidelines prohibiting disclosure to non-psychologists.
The court held that at the discovery stage, the raw test data should only be exchanged between neuropsychologists to balance the need for disclosure with the integrity of the testing process.
However, to ensure trial fairness and avoid delays, the court ordered that the raw test data must be produced directly to plaintiff's counsel once the matter reaches the pre-trial stage, subject to strict confidentiality and destruction requirements.
