HZ v Unger, 2015 ABQB 167

The Plaintiff was the victim of a brutal crime and brought a claim against the members of the Crime Compensation Board ("Defendant") stating they had prevented her from receiving "timely and appropriate" psychological care. This proceeding is an application by the Defendants to compel production of the file (charts and treatment notes) of the Plaintiff's treating psychologist. The psychologist maintained that the notes should remain completely confidential from all parties given the potential triggering effects. Production was granted access on a limited basis. It was acknowledged that the courts must balance privilege, the reasonable expectation of privacy, fairness and the proper administration of justice. However, when the Plaintiff places their physical or mental condition into issue in the courts, it "tips [the balance] against privacy and makes her life very much an open book". The files were deemed relevant but were to be limited only as necessary parts of the process to prevent "further assault".