The appellants appealed a Master's order compelling a non-party accounting firm to produce documents pursuant to Rule 30.10.
The appellants argued that the documents, having been previously seized by police during a related criminal fraud investigation, were subject to Crown privilege and that the Crown should have been served with the motion under the Wagg principles.
The Superior Court of Justice dismissed the appeal, finding that the return of documents to a non-party extinguishes any potential Crown privilege and that the Wagg screening process does not apply to standard non-party production motions where the Crown brief itself is not being sought.
