The plaintiff brought a motion under Rule 30.10 of the Rules of Civil Procedure seeking production of the Crown brief and police investigation file from a criminal prosecution arising from a motor vehicle accident that caused the death of the plaintiff’s father.
Liability for the accident had been admitted, but damages remained in dispute.
The plaintiff argued the materials were relevant to aggravating circumstances affecting psychological injury damages, including allegations the defendant was texting while driving.
Applying the third‑party production test and factors articulated by the Court of Appeal, the court held the requested materials were reasonably likely to contain information probative of damages and that it would be unfair to require the plaintiff to proceed without access to them.
Given the Crown’s consent and the potential evidentiary relevance, production was ordered.
