What is the current state of the law on disclosure of medical records in medical malpractice cases?

The panel further held that following R v. Mills, 1999 CanLII 637 (SCC), the context is important in striking the appropriate balance. The panel at para. 48 cited para. 89 of Mills: … the accused’s right must prevail where the lack of disclosure or production of the record would render him unable to make full answer and defence. This is because our justice system has always held that the threat of convicting an innocent individual strikes at the heart of the principles of fundamental justice. However, between these extremes lies a spectrum of possibilities regarding where to strike a balance between these competing rights in any particular context. The values protected by privacy rights will be most directly at stake where the confidential information contained in a record concerns aspects of one’s individual identity or where the maintenance of confidentiality is crucial to a therapeutic, or other trust-like, relationship.