2703203 Manitoba Inc. v. Parks

2703203 Manitoba Inc. v. Parks

The application was denied because the Court found the requested information was not relevant to the proceedings and, even if marginally relevant, disclosure risked economic harm and an unfair competitive advantage to the defendants that outweighed any probative value, relying on the reasoning in Scotia Innovators v. Bartlett.

Citation
2005 NSSC 167
Parties
Respondent/plaintiff: 2703203 Manitoba Inc.; Applicant/defendant: David Parks; Applicant/defendant: Ross Parks; Applicant/defendant: Lloyd Smith; Applicant/defendant: Parrcom Atlantic Concepts Incorporated
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 June 2005
Procedural Posture
Application for Production of Documents (pre Trial Discovery) / Application Hearing (pre Trial)
Outcome
Defendants' application for production of the two remaining items denied; parties ordered to draft an order addressing the application; submitted materials returned sealed to plaintiff's counsel.
Legal Topics
Production of Documents, Relevance, Confidentiality and Commercial Harm, Implied Undertaking
Source Language
English
Civil Procedure Evidence Commercial Law Confidentiality Production of Documents Relevance Confidentiality and Commercial Harm Implied Undertaking

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

2703203 Manitoba Inc.

Respondent/plaintiff

David Parks

Applicant/defendant

Ross Parks

Applicant/defendant

Lloyd Smith

Applicant/defendant

Parrcom Atlantic Concepts Incorporated

Applicant/defendant

Procedural Posture

Application for Production of Documents (pre Trial Discovery) / Application Hearing (pre Trial)

Legal Issues

  1. 1 Whether the requested documents are relevant to the proceedings
  2. 2 Whether production would cause economic harm or give competitors an unfair advantage outweighing probative value
  3. 3 Whether confidentiality concerns preclude production despite discovery rules

Ratio Decidendi

The application was denied because the Court found the requested information was not relevant to the proceedings and, even if marginally relevant, disclosure risked economic harm and an unfair competitive advantage to the defendants that outweighed any probative value, relying on the reasoning in Scotia Innovators v. Bartlett.

Court Disposition

Defendants' application for production of the two remaining items denied; parties ordered to draft an order addressing the application; submitted materials returned sealed to plaintiff's counsel.

Orders

  • Application for production of research into the development of Coffee News denied.
  • Application for production of a listing of Canadian cities where Coffee News publishes denied.