What is the evidentiary test for a Halliday order?

A review of the cases indicates that there is a need to produce some evidence regarding the possibility that the records might contain some items that should be protected from disclosure on the grounds of privacy, relevance or privilege. The onus to provide some evidence is not a heavy one, but a Halliday order is not one which is granted as of right. And that is following the language of Purvin-Good v. Caplette, [1996] B.C.J. No. 3191 (S.C.). And indeed in the cases submitted by counsel for the third party the evidentiary aspect was not met. However, in reading each of those cases, they in large part relate to the production of medical-type records which are direct and personal to the plaintiff, and, more importantly, it is apparent that there are no impediments in the mental capacity or communication ability with the plaintiff in those cases who has urged production through a Halliday order. In each case, counsel for the plaintiff and client are clearly, as far as I can determine, able to communicate and have the ability to articulate any concerns regarding the records that might be in the hands of a non-party whose records are being sought.