What is the test for producing a psychologist’s notes?
Ontario, Canada
The following excerpt is from Gowdie v. Warby, 2011 ONSC 960 (CanLII):
A psychologist’s session notes would ordinarily be producible and these are no different, argues the defendant. The defendant also relies on the decision of McCartney J. in Benincasa v. Agostino, [2008] O.J. No. 2943 (S.C.J.), leave to appeal to Div. Ct. granted: [2008] O.J. No. 4172 (S.C.J.) in which he required production of the notes of an inveterate note taker. In my view the decision has no application to this case. Privacy and privilege
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