In 2004, the Ontario Court of Appeal released the decision D.P. v Wagg, 2004 CanLII 39048 (Wagg). And with it birthed an entirely new bureaucracy devoted to Wagg motions.
In Wagg, the defendant was charged criminally for sexually assaulting his gynecological patient, referred to as D.P. D.P. then sued her doctor civilly for sexual assault. In the civil proceeding, D.P. wanted the defendant to disclose the contents of the Crown Brief, which was produced to him in the criminal action. The defendant refused to produce the Crown Brief to her. The plaintiff then brought a motion . . . [more]