The appellants appealed an order requiring them to produce an edited copy of a Mary Carter Agreement to the respondent municipality.
The appellants argued that they were only required to disclose the existence of the agreement, not its terms.
The Divisional Court dismissed the appeal, holding that the terms of a Mary Carter Agreement that change the litigation landscape must be disclosed to the court and to non-settling parties to ensure procedural fairness and maintain the integrity of the adversarial process.
