WAINER & WAINER

In the matter of *Wainer & Wainer*, heard before Judge L. Turner, the dispute concerned the father's issuance of a subpoena to the mother's treating general practitioner. The father had complied with the procedural rules for issuing and serving the subpoena, and filing a notice to inspect. The mother had initially consented to interim orders allowing inspection and copying of the subpoenaed documents, and for copies to be provided to a family consultant for a family report. However, after the production date and the interim consent orders, the mother filed a notice of objection to the subpoena and an application to inspect her own medical file.

The court was required to determine whether the mother was out of time to pursue her notice of objection and application to inspect, and if it was in the interests of justice to dispense with the rule providing a time limit for such objections and applications.

Judge L. Turner reasoned that the mother had indeed filed her notice of objection and application outside the prescribed time limits. The court found that it was not in the interests of justice to waive the rule regarding the time limit for filing objections and applications to inspect. Consequently, the mother's notice of objection and her application in a case were dismissed.

The mother was ordered to pay the father's costs thrown away as a result of her late objection and application, in the sum of $4,413. The matter was to remain listed for an interim hearing.