The plaintiff municipality brought a motion for an interim preservation order under Rule 45.01 of the Rules of Civil Procedure to ensure that documents and electronic devices seized by the police during a criminal investigation (Wagg items) were preserved pending the determination of the plaintiff's Wagg motion.
The plaintiff adduced uncontradicted evidence that the items were relevant to its civil fraud actions and that there was a real risk of spoliation if the items were returned to the defendants.
The court applied the factors from BMW Canada Inc. v. Autoport Limited and granted the interim preservation order to maintain the status quo and protect trial fairness.
