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Court refused buy-sell substitution and upheld privilege over inadvertently disclosed financial statement.
A shareholder dispute arose during implementation of a prior court order directing valuation of a company and providing one shareholder an option to purchase the other’s shares.
The applicant sought to replace the process with a buy/sell mechanism and contested the information to be provided to the court‑appointed appraiser, while also attempting to rely on a personal net worth statement of the respondent obtained from family law proceedings.
The court held that the appraiser should be free to evaluate all information provided by the parties and declined to prescribe limits on materials submitted.
The request to replace the previously ordered process with a buy/sell arrangement was refused, though the court varied timelines to complete the valuation.
The court also ruled that the inadvertently disclosed net worth statement remained privileged and could not be relied upon.
