Canada Case Law

Christie v. Dickson

Court

Supreme Court of Nova Scotia

The court ordered production of the requested corporate records to the extent they relate to the respondent because the records are trial relevant to property division and spousal support, are discoverable corporate records, and the burden of production is proportional; confidentiality measures protect privacy; an issue raised after the hearing (securities register) was not decided.

Source excerpt

• Disclosure orders
• Non-party production
• Discovery
• Property division
• Spousal support
• Corporate records

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12007231 Canada Inc. v. Foster

Court

Supreme Court of British Columbia

The court held the plaintiffs met the threshold under Rule 7-1(11) to compel further production from Barber because the requested financial, tax and rental records relate directly to contested issues of commingling and receipt/use of funds; the court also ordered specific, narrowly-described production from the non-party Bank under Rule 7-1(18) because the documents were precisely specified and potentially probative of material facts; Barber and the Bank must produce the listed documents within 21 days, plaintiffs must pay the Bank's reasonable charges and must provide counsel for Barber with…

Source excerpt

• Document production
• Discovery
• Non-party production
• Relevance
• Rule 7-1
• Guano test

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Kideckel v. Kideckel

Court

Court of Appeal for Ontario

Motion in a defamation appeal dismissed: the court refused non-party production, a stay of the injunction, and disqualification of counsel.

• Service of process
• Non-party production
• Stay pending appeal
• Disqualification of counsel
• Fresh evidence
• Injunction

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Smith v Welsford

Court

Supreme Court of Nova Scotia

The court ordered non-party production because the plaintiffs established relevance and proximity and no adequate alternative means existed; Think Sail must produce the Agreement of Purchase and Sale, bill of sale, lists of assets and any statements/representations regarding the Sorca's condition at purchase, subject to redaction of personal financial information, trade secrets and records unrelated to the vessel; AJGC and Lloyd's must produce insurer/adjuster file materials in their control that contain witness statements, texts, communications, emails concerning operation, route, cause, con…

Source excerpt

• Non-party production
• Disclosure and relevance
• Confidentiality clauses
• Insurance claims file production
• Redaction and privacy
• Electronic data (inreach)

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Anthony v. Anthony

Court

Supreme Court of Nova Scotia

Once the applicant establishes trial relevance for requested documents the court will presume production is necessary; the respondent, as the party and title holder of corporate shares, is obliged to obtain and produce corporate records even if he is non-controlling and documents are held by third parties because the Rules treat 'person' uniformly and the obligation to value assets rests on the party. Applying those principles, the court ordered limited personal financial disclosure and ordered production of specified corporate records for 3021386 Nova Scotia Limited and K.B. Anthony Apartmen…

Source excerpt

• Disclosure/production of documents
• Non-party production
• Relevance
• Proportionality
• Share valuation
• Conversion

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Vansky International Education Ltd. v. Guo

Court

Supreme Court of British Columbia

The court granted limited document production against the defendant, but dismissed broader requests and all non-party production requests as too broad.

• Document production
• Non-party production
• Disgorgement
• Notice to admit
• Income tax returns
• Document-production

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Yen v. Ghahramani

Court

Supreme Court of British Columbia

The court dismissed airG Inc.'s applications for broader document production, finding the demands too vague and non-specific under the civil rules.

• Document production
• Non‑party production
• Discovery specificity
• Spoliation/email deletion
• Fiduciary duties
• Oppression

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Saloojee v. Gibsons (Town)

Court

Supreme Court of British Columbia

The court refused to adjourn an in-progress trial and dismissed requests for further document production and additional discovery, finding the delay unjustified.

• Adjournment
• Production of documents
• Non‑party production
• Examination for discovery
• Admissibility of expert reports
• Timely completion of trial

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Bezanson v. Bezanson

Court

Supreme Court of Nova Scotia

At the pre-trial stage the requested corporate tax returns and financial statements for the previous three years are prima facie relevant to issues of income for support and valuation of shareholdings given the petitioner’s status as a named principal in the shareholders' agreement, evidence of transfers from directors' accounts and the intermingling of personal and corporate funds; therefore the companies must produce those documents to counsel subject to implied undertaking. The request for T4 slips of all persons related to the petitioner is overbroad and is denied.

Source excerpt

• Disclosure of documents
• Non-party production
• Child support guidelines
• Matrimonial property division
• Shareholders' agreement
• Director's loans

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Mann v. Jagpal

Court

Supreme Court of British Columbia

The court dismissed appeals from production orders, refused fresh and new evidence, and held the broad document requests were improper and an abuse of process.

• Document production
• Non‑party production
• Fresh and new evidence
• Standard of review (master's interlocutory)
• Abuse of process
• Tracing assets and beneficial ownership

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