K. Egan

During a trial for damages arising from an inmate assault due to a cell placement error, the plaintiffs sought an order compelling the Crown to produce the notes and testing results of a vocational rehabilitation specialist.

The Crown had retained the specialist but later decided not to call her as a witness or request a formal report.

The Crown argued the plaintiffs waived their right to the report by not requesting it earlier.

The court held that Rule 33.06 of the Rules of Civil Procedure mandates the production of such reports and ordered the Crown to produce the specialist's notes and testing results forthwith.

The plaintiff brought a motion to strike the defendants' jury notice in an action alleging excessive force by police officers.

The plaintiff argued that because the Woodstock Police Services Board is funded by the municipality, the action constitutes relief against a municipality, which precludes a jury trial under section 108(2) of the Courts of Justice Act.

The court rejected this argument, finding that the Police Services Board maintains independence from the municipality and that an action against the Board is not equivalent to an action against the municipality.

The motion to strike the jury notice was dismissed.