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The Ontario Court of Justice lacks jurisdiction to grant a pre-trial order compelling non-party lawyers to disclose confidential information.
The Crown brought an application before the Ontario Court of Justice seeking an order to compel two lawyers to disclose confidential and/or privileged information related to a deceased complainant, for use in a criminal prosecution under the Youth Criminal Justice Act.
The lawyers had refused to provide statements without a court order, citing the Law Society of Ontario's Rules of Professional Conduct.
The court dismissed the Crown's application, holding that the Ontario Court of Justice lacked the express or implied jurisdiction to grant such an order, which was deemed to be in the nature of declaratory relief.
The court emphasized that its jurisdiction is limited to the criminal proceeding itself and does not extend to pre-trial investigative orders concerning non-parties, a function reserved for the Superior Court.
