The moving party, 1450638 Ontario Inc., brought a refusals motion arising from cross-examinations in an expropriation application.
Metrolinx had expropriated the moving party's property and offered $1.00 in compensation based on alleged environmental contamination, despite an initial appraisal of $2.1 million.
The court ordered Metrolinx to answer questions regarding its communications with the appraiser and to produce draft appraisal reports, finding that the dominant purpose of the appraisal was to satisfy statutory obligations under the Expropriations Act, not litigation.
The court also ordered production of Metrolinx's expropriation policies but dismissed requests for information regarding other unrelated expropriations.
