Motion for document production in expropriation claim granted in part; share sale documents deemed irrelevant.
The respondent, Metrolinx, brought a motion for the production of documents in an expropriation claim for business losses arising from the construction of the Eglinton Crosstown LRT.
Metrolinx sought documents relating to the sale of the claimant's shares and foundational documents relied upon by the claimant's expert.
The Ontario Land Tribunal denied the request for the share sale documents, finding them irrelevant as the claim was restricted to losses at a single retail location and did not include a loss of overall business value.
The Tribunal allowed the motion in part regarding the expert's foundational documents, ordering the production of raw financial data and sales summaries, but excluding privileged communications and publicly available statistics.
OLTOntario Land TribunalAug 27, 2021