Case Report – Judge rejects privacy argument, orders photos and clinical notes produced

On July 26th, the Ontario Superior Court of Justice ordered some family photographs taken before and after the plaintiff’s automobile accident to be produced.

Gordon J. did not attempt to reconcile the Court’s approach to dealing with the privacy interest in personal photographs in Leduc v. Roman (pro-production) with that espoused in Schuster v. Royal & Sun Alliance Insurance Company (pro-privacy). He did note, “Schuster, however, involved an ex parte motion to prevent the plaintiff from deleting her facebook webpage.”

Gordon J. also held that the plaintiff should obtain and produce clinical records and other records held by a womens’ shelter given her emotional distress claim: “The obvious issue is whether the plaintiff’s purported emotional trauma results from the accident or [her] abusive relationship or both.”

Parsniak v. Pendanathu, 2010 ONSC 4111 (CanLII).

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