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.
