TWO PROGRAMS: Proper Disclosure of Treating Psychologists’ Records AND Notice Requirements for Medical Records

“Proper Disclosure of Treating Psychologists’ Records” outlines how requests for psychologists’ files intersect with privacy law, professional regulation and clinical realities. It explains that PHIPA, college standards, capacity rules and custody or access orders all affect whether consent is valid and whether records can be released, and that psychologists may refuse disclosure where there is a risk of serious harm or where third parties or joint counseling are involved. The session emphasizes the special issues around raw test data and copyrighted test materials, and offers practical guidance on framing clear, targeted requests, understanding the limits of a summons, and avoiding demands that push treating psychologists into an advocate role instead of an objective clinical one. 

“Notice Requirements for Medical Records” reviews how medical records and opinions are admitted under sections 35 and 52 of the Ontario Evidence Act in personal injury and similar cases. It distinguishes factual business records under section 35 from opinion evidence under section 52, highlights case law warning against using section 35 to slip in expert opinions without cross-examination, and shows how courts approach novel or technically complex medical evidence such as SPECT scans. The practical focus is on giving proper notice, classifying records correctly, redacting opinions where needed, and working with the court’s gatekeeping role so medical records are used efficiently while preserving fairness. 

Overall, the session centres on getting mental health and medical records before the court in a way that respects privacy obligations, regulatory frameworks and evidentiary rules, while supporting clear, reliable proof in civil litigation.