Law360 Canada ( June 1, 2021, 6:12 AM EDT) -- Appeal by the defendants from a case management order for production of documents in the possession of the RCMP. In 2014, police executed a search warrant during a criminal investigation into the Caspian defendants in respect of their involvement in a police headquarters construction project. In 2019, the Crown determined it would not authorize criminal charges related to the investigation. In 2020, the plaintiff commenced litigation alleging large-scale fraud in respect of the construction project. The plaintiffs obtained a production order for 46 boxes of documents and data obtained from mirroring hard drives and servers seized by the RCMP during the search. The defendants took the position that s. 490(15) of the Criminal Code precluded production, as the RCMP was no longer lawfully in possession of the documents, as the detention period had expired. The case management judge ordered production. The judge found that s. 490(12) contemplated the plaintiff’s assertion of a legal interest in the documents by way of s. 490(15). The defendants appealed and sought an order for the return of the documents....