Salmon and Howard

In the matter of *Salmon and Howard*, the wife sought leave to issue subpoenas to two medical practitioners, Dr E and Dr F, to give evidence at trial. Additionally, the wife sought leave to issue a subpoena to the Medical Director of K Hospital for the production of all medical records pertaining to the birth of a child, B, in 2007. The wife also sought leave to file an affidavit from Dr L. The husband's costs of the day were reserved for determination at trial.

The central legal issues before the Court concerned the wife's entitlement to obtain evidence through subpoenas and to file an affidavit from Dr L. Specifically, the Court was required to determine whether the proposed subpoenas were properly sought and whether the affidavit of Dr L should be permitted to be filed and relied upon at trial.

Macmillan J granted the wife leave to issue the subpoenas as sought, allowing for the attendance of Dr E and Dr F to give evidence and for the production of the specified medical records from K Hospital. The Court also granted the wife leave to file and serve an unsealed copy of any affidavit of Dr L upon which she proposed to rely. The husband's costs of the hearing were reserved.