I’m not a party and I’ll produce if I want to: Getting your hands on Crown and police documents

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Publication November 2015

What is a Wagg and why do we need one?

The Wagg motion was born when the Divisional Court was faced with a case involving a production request for a Crown Disclosure Brief by a plaintiff in a civil matter. At issue in P(D) v Wagg1 was the production of a Crown Disclosure Brief from the defendant, who had been criminally charged with sexually assaulting the plaintiff. Those charges had been stayed, and the plaintiff filed a civil suit. The plaintiff’s motion was originally dismissed as the master concluded the contents of the Crown Disclosure Brief were not relevant. This finding was reversed by the Divisional Court and upheld by the Ontario Court of Appeal2.

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