Order (WAGG Motion) (ON)

Summary

This precedent is a standard order used by a moving party (plaintiff or defendant) for a motion seeking the production of a police or Crown file from a non-party (also known as a Wagg motion) before the Ontario Superior Court of Justice. This precedent includes practical guidance, drafting notes, alternate clauses and optional clauses. An Order (Form 59A) (ON) sets out the decision of the court in a proceeding, for example a motion, and is signed by a Judge or Associate Judge. An order must include: (1) the name of the judge or judicial officer who made it; (2) the date on which it was made; and (3) a preamble that includes particulars necessary to understand the order, such as (a) the date of the hearing; (b) the parties who were present or represented by counsel and those who were not; and (c) any consents or undertakings or admissions given by the parties in relation to the order (Rules of Civil Procedure, R.R.O. 1990, Reg. 194 ("Rules"), r. 59.03(3)). The operative part of the ...