The plaintiff in a motor vehicle accident action brought a motion under Rule 30.10 seeking production of a Crown Brief from the non-party Attorney General of Ontario.
The Attorney General objected on the basis that the motion was premature, as statements of defence had not yet been filed.
The court agreed, holding that relevance cannot be established in a vacuum before pleadings are closed.
The motion was dismissed without prejudice to the plaintiff's right to renew it once pleadings are closed.
