What is the current state of the law on access to a parent’s medical records?
Ontario, Canada
The following excerpt is from Girdlestone v. Bentley, 2020 ONCJ 444 (CanLII):
[27] As noted in Cojbasic v. Cojbasic 2008 ONSC 8256, “There is no blanket privilege for all medical records. Yet it is well known that a fishing expedition is not permitted and orders for production of medical records are not made as a matter of course. Before production will be ordered there must be evidence that connects the contents of the record to an issue in the case. Simply by making a claim for custody the entire medical history of a parent does not become relevant.”
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