The defendant insurer moved under Rule 30.10 for production of records from various non-parties, including the Ontario Provincial Police (OPP), relating to an organized crime investigation known as Project Hobart.
The insurer sought these records to defend an action for coverage following an arson at the plaintiff's business premises.
The court dismissed the motion for the OPP records, finding that the insurer failed to establish that the criminal investigation file, which did not involve arson charges, was relevant to a material issue in the civil action.
An alternative request to stay the action was also dismissed, and costs were awarded to the responding parties.
