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ARTICLE · 12 DECEMBER 2017

WAGG Motions – Don't Forget The Audio Recordings

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Wagg motions refer to motions for the production of police or Crown documents. They are referred to as Wagg motions because of the case of D.P. v. Wagg ("Wagg") ...

CanadaLitigation, Mediation & Arbitration
James Bromiley
James Bromiley
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Wagg motions refer to motions for the production of police or Crown documents. They are referred to as Wagg motions because of the case of D.P. v. Wagg ("Wagg"), which sets out the process to be followed when seeking these types of documents.

With very few exceptions, when a party to a motor vehicle action brings a Wagg motion, the police records and Crown brief are produced to the parties.  Very little is withheld.  The parties (and the court) must know the identity and anticipated evidence  of witnesses in order to settle civil disputes and conduct orderly trials.

The motion will invariably be supported by all of the parties in the action.  The motion will result in the requested records being collected by police agencies and the Crown's office and screened by a lawyer in the Crown's Law Office, under the process set out by the Court of Appeal in Wagg.  Some minor redactions will be made and perhaps a few documents withheld.

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