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Production motions of a Crown brief from non-parties prior to criminal trial dismissed.
The defendants in civil limitation actions brought motions to compel the Ontario Provincial Police and Public Prosecution Service of Canada to produce a Crown brief relating to a fatal boating accident prior to the conclusion of an ongoing criminal trial.
The Court found the documents relevant but declined to order production, citing prematurity, public interest in the integrity of the criminal prosecution, and the respondents' undertaking to produce the brief after the trial.
The Court also refused to compel the OPP to designate an officer for discovery, noting the provincial Crown's statutory immunity.
