Can a party rely upon a neuro-psychologist’s opinion at trial?

Counsel for the plaintiff also rely on the case of Traynor v. Degroot, [2000] B.C.J. No. 2368 (B.C.S.C.) a decision of Melnick J. This case is authority for the proposition that once a party indicates an intention to rely upon a doctor’s opinion at the trial of an action, that party has waived privilege attached to not only that opinion but the facts which underlie the opinion including, in that case, the raw test data generated in the examination by a neuro-psychologist. It is argued that the Traynor decision has been cited often in this court as standing for the proposition that all background information, notes, raw test data which form the basis of an opinion is required to be disclosed when the party intends to rely upon the opinion. It is suggested that this video falls into that category.