Motions: WAGG (Production of Police or Crown File)

Summary

This practice note discusses motions for the production of a police or Crown file from a non-party (commonly referred to as a Wagg motion because of the guidance afforded by the court in D.P. v. Wagg, [2004] O.J. No. 2053 (C.A.) ("Wagg")) and covers topics including the legal test to be met on a Wagg motion, the screening process of the documents and related motion practice. If you are seeking a police and/or Crown file and you are experiencing difficulty in obtaining the file, you may need to bring a motion for the production of police or Crown documents from the police agency and the Ministry of the Attorney General pursuant to r. 30.10 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 ("Rules").