On November 4th, the Divisional Court considered conflicting jurisprudence and held that section 35(9) of the Ontario Mental Health Act does not require a court application to be heard before psychiatric facility medical records can be produced to another party pursuant to a pre-hearing production order. It held that section 35(9) only establishes a precondition to the admission of psychiatric records as evidence and to the hearing of oral testimony about information obtained in the course of assessing or treating a patient in a psychiatric facility.
Toronto Police Association v. Toronto Police Services Board, 2008 CanLII 56714 (ON S.C.D.S.C.).
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