Erika Jean Woolgar

Bombardier Inc. appealed a decision by Associate Justice Jolley that largely dismissed Bombardier's request for a further and better affidavit of documents from Triple-K Consult Ltd. Bombardier sought documents related to an audit, which it claimed was a precondition to commission payments.

The appeal judge upheld the Associate Justice's findings, determining that Bombardier had not established the relevance or existence of most requested documents, distinguishing between documents relevant to the audit process and those relevant to the litigation's core defence of non-compliance with the audit.

The appeal was dismissed, and costs were awarded to Triple-K Consult Ltd.

This costs endorsement addresses the allocation of costs following the dismissal of motions by UD Trading Group and Rutmet for intervention and consolidation, and a cross-motion by TransAsia Private Capital Ltd. (TAP) for vexatious litigation.

The court had previously ordered a stay of proceedings on its own initiative.

The UD Group sought costs from TAP, while TAP primarily argued for each party to bear their own costs, or alternatively, sought partial indemnity costs in the cause.

The court rejected the relevance of a subsequent Singapore judgment to the costs determination and ultimately ordered that all participating parties bear their own costs of the dismissed motions and cross-motion.

The defendant, Bombardier Inc., brought a motion seeking an order for the plaintiff, Triple-K Consult Ltd., to deliver a further and better affidavit of documents.

Bombardier argued it had a contractual right to audit the plaintiff's activities to verify compliance with their sales representative agreement and applicable laws before commissions were payable.

The plaintiff contended it had complied with the audit request and that further demands were beyond the contractual scope.

The court largely dismissed the defendant's motion, finding that the plaintiff had substantially complied and that many of the requested documents were not relevant or better pursued through discovery.

The court ordered only the production of supporting documents for $35,000 in expenses claimed by the plaintiff's principal.

The Plaintiffs (UDG) sought an anti-suit injunction to halt proceedings against them in Dubai and Singapore concerning an alleged outstanding debt and guarantees.

The Defendants (TAP) cross-moved to dismiss or stay the Ontario action for lack of jurisdiction or forum non conveniens, citing forum selection clauses.

The court denied the anti-suit injunction, finding UDG failed to meet the Amchem test, particularly by not pursuing stays in the foreign jurisdictions.

The court also found Ontario was not the natural forum, given the parties' residences, witness locations, and applicable foreign laws.

The Plaintiffs' Ontario action was permanently stayed.