Wagg Motions in Ontario Family Law: When and How to Bring Them (2026 Guide)
A Wagg motion seeks sensitive third-party records for a family case while protecting privacy, privilege, criminal-process fairness, & public interests.
In This Guide
This guide explains the origin of Wagg motions, when they arise, the screening process, required motion materials, child-welfare records, Ontario case law, & local steps in Orangeville and Brampton.
Quick Facts About Wagg Motions
Wagg motions originate from D.P. v. Wagg, 2004 CanLII 39048 (ONCA).
They commonly involve police records, Crown brief materials, CAS files, or child-welfare records.
A party must disclose the existence & general nature of a Crown brief obtained through criminal disclosure.
The contents are not automatically producible.
Notice is generally required to the Attorney General, the relevant police service, & affected parties.
Consent or a Superior Court screening order may be required.
A family court may order limited production, redactions, counsel-only access, or use restrictions.
Child protection proceedings may engage statutory production rules under the CYFSA, formerly CFSA s. 74.
The 2026 Federal Child Support Table Updates may separately affect support calculations.
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What Is a Wagg Motion?
A Wagg motion is a motion seeking production of sensitive records held by a third party or obtained through a related criminal proceeding.
The most common records include:
Child protection files.
Family and Children’s Services records.
Police occurrence reports.
Witness statements.
Crown brief materials.
Interview recordings.
Disclosure received by criminal defence counsel.
Records from a parallel domestic assault or sexual assault investigation.
The motion is often brought in a family case involving parenting, decision-making responsibility, child protection, safety concerns, or credibility.
The motion does not create an automatic right to the entire file.
The court screens the request first.
That screening protects children, complainants, witnesses, police investigations, Crown prosecutions, therapeutic relationships, & the administration of justice.
What Did D.P. v. Wagg Establish?
In D.P. v. Wagg, the Ontario Court of Appeal addressed Crown brief material held by a party in related civil litigation.
The court established an important distinction.
A party who possesses criminal disclosure must disclose that the material exists. The party must also identify its general nature.
The party does not automatically provide the contents to another litigant.
Before production, the party should notify:
The Attorney General or Crown Attorney.
The relevant police service.
The parties affected by the request.
Any other person or agency with a legitimate confidentiality interest.
Production may proceed by consent.
If consent is unavailable, the party seeking production may bring a screening motion before the Superior Court.
The court then considers relevance, necessity, privilege, privacy, public interest, investigative integrity, & proportionality.
The Ontario Court of Appeal decision in D.P. v. Wagg remains the starting point for this analysis.
When Is a Wagg Motion Brought?
A Wagg motion is usually brought when a family dispute overlaps with criminal or child-protection proceedings.
Common examples include:
A domestic assault charge alongside a parenting case.
A sexual assault investigation involving a child-related parenting dispute.
A police investigation relevant to a child protection application.
A Crown brief received by one parent through criminal disclosure.
A CAS or child-welfare file that may address parenting safety.
A dispute over whether police statements should be available in family court.
A request for records held by Peel Children’s Aid or Family and Children’s Services of Dufferin County.
The requested records must connect to an issue before the family court.
Possible issues include:
The best interests of a child.
Parenting time or supervised parenting.
Decision-making responsibility.
Allegations of family violence.
Compliance with criminal bail conditions.
Credibility.
Risk assessment.
Child protection concerns.
A request cannot be a general search for damaging information.
The moving party must identify the records with reasonable precision.
How Do I Bring a Wagg Motion in Ontario Family Court?
A Wagg motion follows the Family Law Rules, O. Reg. 114/99, alongside the substantive screening principles from Wagg.
The usual process involves these steps.
1. Identify the Records
The motion should identify the agency, investigation, date range, file number, record type, & reason for relevance.
“Produce the entire police file” may be too broad.
A focused request might identify:
A particular occurrence report.
A specified witness statement.
A video statement.
A defined CAS investigation period.
Records relating to a specific incident.
2. Request Consent
A written request should be sent to the party, agency, police service, Crown, or other record holder.
The request should explain:
The family court issue.
The records sought.
Why the records may be relevant.
Proposed redactions.
Proposed confidentiality protections.
Whether counsel-only review is acceptable.
Consent may resolve the issue without a contested hearing.
3. Give Required Notice
Where Crown brief material is involved, notice should generally be provided to the Attorney General and relevant police service.
The notice allows those bodies to address:
Ongoing criminal proceedings.
Witness protection.
Investigative methods.
Public-interest confidentiality.
Privilege.
Privacy.
Publication bans.
Redactions.
Use restrictions.
The affected child-welfare agency should also receive notice where its records are sought.
4. Prepare Form 14 & Form 14A
A contested motion normally uses:
Form 14 : Notice of Motion.
Form 14A : Affidavit (General).
The affidavit should explain the family issues, identify the records, establish relevance, address alternative sources, explain why production is necessary, & propose safeguards.
A motion seeking sensitive third-party records is generally not an uncomplicated procedural motion.
Form 14B may therefore be unsuitable.
The current Ontario Family Law Rules & local practice directions should be checked before filing.
5. Ask for a Screening Order
The requested order should be precise.
Possible terms include:
Production to the judge for review.
Production to counsel only.
Redaction of unrelated personal information.
No copying.
No disclosure outside the family case.
Sealing of sensitive materials.
Destruction or return after the proceeding.
A timetable for objections or further submissions.
The court may order some records while refusing others.
How Are Privacy & Privilege Protected?
A Wagg motion involves more than relevance.
The court may consider:
Solicitor-client privilege.
Litigation privilege.
Case-by-case privilege.
Therapeutic or medical confidentiality.
Crown brief confidentiality.
Child protection privacy.
The privacy of complainants, children, witnesses, & caregivers.
The risk of contaminating criminal evidence.
The effect on future reporting to police or child-welfare agencies.
In G.L.K. v. C.L.K., 2021 ONSC 5843, the court ordered production of some child protection records but refused broader production of therapeutic or medical material protected by privacy or privilege concerns.
The court also preserved confidentiality during an ongoing criminal matter.
The decision demonstrates that production may be limited by:
Redactions.
Counsel-only inspection.
No-copy conditions.
Family-case-only use.
Destruction after the proceeding.
A Wagg motion is therefore not simply a request for unrestricted disclosure.
How Do Child Protection Records Differ From Crown Brief Records?
Child protection records require careful statutory analysis.
The former Child and Family Services Act included a records-production mechanism under s. 74.
The current Child, Youth and Family Services Act, 2017 contains successor provisions governing production in child protection proceedings.
That statutory process should not be confused with the common-law Wagg protocol.
In a child protection case, the society may use the applicable CYFSA procedure to seek an order for production of relevant records.
In a private family case, a party seeking a CAS file may need a non-party production motion using the Family Law Rules, Wagg principles, privacy law, & any applicable CYFSA restrictions.
The distinction matters in cases involving:
Peel Children’s Aid.
Family and Children’s Services of Dufferin County.
Police services.
Crown counsel.
Hospitals.
Counsellors.
Schools.
Other service providers.
In Regional Children’s Aid Society of Peel v. A.S. and M.H.P., 2015 ONCJ 797, the court is part of the Ontario child-protection jurisprudence relevant to the treatment of sensitive records and disclosure issues.
In Children’s Aid Society of Ottawa v. Attorney General of Ontario, 2023 ONSC 2045, the Ontario Superior Court of Justice varied a broad Crown-brief production order by consent. In light of the urgency of the child-protection proceeding, the court ordered immediate production of the child’s video statement and witness statements, while requiring screening of the balance of the Crown brief.
The practical point is direct.
Courts prefer targeted production over wholesale disclosure.
What Happens in Orangeville & Brampton?
A Wagg motion may involve both local preparation and a separate court location.
For Dufferin County matters, the Orangeville Courthouse is located at 10 Louisa Street, Orangeville.
For Peel Region matters, family and criminal court matters are processed at the A. Grenville and William Davis Courthouse, 7755 Hurontario Street, Brampton.
Courthouse security lines can add time.
Visitors should bring only necessary documents, expect screening, & arrive early.
Client preparation, document signing, & strategy sessions can occur at:
OMNI LAW GROUP
162 Broadway, Suite 8
Orangeville, ON L9W 1K3
905-497-7200
The Orangeville office provides a stress-free alternative for North Peel residents, including clients travelling from Caledon, Bolton, Alton, Shelburne, Mono, North Brampton, & Dufferin County.
The location offers Highway 10 and Highway 410 access, free parking, & secure virtual intake.
OMNI LAW GROUP serves Brampton clients from its Orangeville office base, with virtual and in-person consultation options. Court processing remains at 7755 Hurontario Street, while preparation can occur in Orangeville or through secure virtual appointments.
The Family Lawyer in Brampton service page provides family-law information.
The Criminal Defence Lawyer in Orangeville service page provides criminal-law information.
What Should a Client Bring to an Initial Consultation?
Bring every document connected to the criminal, family, or child-protection matter.
Useful materials include:
Court orders.
Bail conditions.
Informations or charging documents.
Police occurrence numbers.
Disclosure indexes.
CAS letters.
Parenting applications.
Existing affidavits.
Previous production requests.
Correspondence with police, Crown counsel, or a child-welfare agency.
A timeline of relevant events.
Do not forward sensitive records to another party without legal direction.
Do not post allegations or documents online.
Do not contact a complainant, witness, police officer, or child-welfare worker about the substance of the case without advice.
The conflict-check process must occur before a retainer is accepted.
OMNI LAW GROUP handles cases at the Brampton Davis Courthouse and focuses on the intersection of Criminal Defence & Family Law.
Local Legal FAQ
What is a Wagg motion in Ontario family law?
A Wagg motion is a request for sensitive records held by a third party or obtained through a related criminal proceeding. It may involve a Crown brief, police records, a child protection file, or a Family and Children’s Services record. The court does not automatically order production simply because the material may be relevant. The moving party must identify the records, explain their connection to the family issues, provide notice to affected agencies, and address privacy, privilege, confidentiality, and public-interest concerns. The court may order limited production, redactions, counsel-only access, or strict use restrictions.
Can family court order production of an entire Crown brief?
Family court may consider production of Crown brief material, but an entire brief is not automatically available. The Wagg screening process requires a careful review of relevance, necessity, privilege, privacy, ongoing criminal proceedings, witness protection, and the administration of justice. In Children’s Aid Society of Ottawa v. Attorney General of Ontario, 2023 ONSC 2045, the Ontario Superior Court of Justice varied a broad production order by consent. The court ordered immediate production of the child’s video statement and witness statements, while requiring screening of the remainder because of the urgency of the child-protection proceeding. Targeted requests are generally more appropriate than broad requests.
Are CAS records automatically available in a parenting case?
CAS records are not automatically available in a private parenting case. A party may need to bring a non-party production motion and serve the child-welfare agency. The court may apply Wagg principles, the Family Law Rules, the CYFSA, privacy protections, publication-ban requirements, and privilege analysis. The court may order only records that are relevant and necessary to decide the family issues. Redactions, counsel-only review, no-copy conditions, and family-case-only use may apply. Records involving children, caregivers, medical information, therapeutic communications, or unrelated family members require particular care.
Legal Disclaimer & Conflict Check
This article provides general legal information for Ontario readers in 2026. It is not legal advice and does not create a solicitor-client relationship. Wagg motions depend on the records requested, the court proceeding, applicable legislation, privilege, privacy, criminal status, & local practice directions. An initial consultation is required before advice or representation. All potential clients are subject to a conflict check before information can be discussed in detail or a retainer accepted.
ABOUT THE AUTHOR
Rahul Kaushal is Co-founder of OMNI LAW GROUP. He provides practical guidance on Ontario family law, criminal defence, parenting disputes, domestic charges, child protection matters, & related court motions. Rahul is a member of the Law Society of Ontario.
Vaneet Sangha is Co-founder of OMNI LAW GROUP, serving clients across Brampton, Orangeville, Peel Region, Caledon, & Dufferin County.
OMNI LAW GROUP
162 Broadway, Suite 8, Orangeville, ON L9W 1K3
905-497-7200
Monday to Friday, 9:00 AM to 5:00 PM