The moving party sought enforcement of an earlier disclosure order requiring production of an “unredacted” Crown brief in related withdrawn criminal proceedings for use in an upcoming family trial.
The court found the non-party ministry’s handling of disclosure was unsatisfactory and significantly delayed, but held that the prior order could not reasonably be interpreted as compelling disclosure of privileged Crown communications and work product without any privilege analysis.
The court also held that a brief To Be Spoken To endorsement did not finally determine privilege issues for the present motion.
On a balance of probabilities, the redacted categories were privileged, and breach was not established.
The motion was dismissed, with no costs ordered against the moving party.
