In what circumstances will the court order the disclosure of documents to the petitioners in relation to transactions in which two parties have entered into separate transactions?

British Columbia, Canada


The following excerpt is from Orr v. Primary Metals Inc., 2008 BCSC 949 (CanLII):

In respect of the disclosure of documents, the court stated in Orr v. Primary Metals Inc., 2008 BCSC 73 at ¶22 and 23: Further, having now had an opportunity to review the materials, I have concluded that at this stage of the proceedings there appear to be few disputed facts or issues of credibility. The respondents admit to the transactions. They have described the terms of the transactions in detail and have explained the circumstances surrounding them and their rationale for entering into them. They have also described their view of the benefits to Primary that resulted from the transactions. The petitioners can avail themselves of cross-examination to challenge the evidence and elicit more details concerning the transactions. They can request production of the agreements and other documents concerning the transactions. Counsel for both respondents have advised the court that they fully anticipate disclosing the relevant documents to the petitioners once the request is made and issues of confidentiality are addressed.

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