What is the test for determining whether a party to a motion for disclosure of personal information has been successful?
Ontario, Canada
The following excerpt is from Ribeiro v. Bank of Nova Scotia, 2002 CanLII 37026 (ON SC):
Both Goodman v. Rossi and Disher v. Kowal relied upon by the defendants, require an examination of the prejudice to both the discovered party and the producing party in weighing the request made by the applicant. It seems clear that in the circumstances of this case, the prejudice to the plaintiff in denying relief would far outweigh the prejudice to the defendant in granting the relief. CONFIDENTIALITY
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