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The Court of Appeal upheld an order requiring a non-party corporation to produce financial documents for share valuation in estates litigation.
Grand River Enterprises Six Nations Ltd. (GRE) appealed an order from the Superior Court of Justice requiring it, as a non-party, to produce financial documents for the valuation of shares held by a deceased in estates litigation.
The Court of Appeal dismissed the appeal, affirming the motions judge's discretionary decision.
The court found the documents relevant to the estate's valuation and the validity of the deceased's will, and that it would be unfair to proceed to trial without them.
The Court of Appeal upheld the motions judge's application of the Rule 30.10 test, emphasizing deference to the lower court's discretion and the effectiveness of the established Confidentiality Protocol in addressing GRE's concerns about privacy and business interests.
The Court of Appeal upheld a judgment for unjust enrichment, finding the claim was not time-barred because technical invoice errors were not reasonably discoverable.
This appeal concerned a limitation period defence in an unjust enrichment claim.
The respondent, a hotel, had overpaid hydro costs to the appellant, a condominium, for years due to a flawed utility-sharing formula.
The errors were not discovered until 2017, and the action was commenced in 2018.
The trial judge rejected the limitation defence, finding the errors were not apparent and the respondent exercised reasonable due diligence.
On appeal, the appellant argued errors in the trial judge's discoverability and due diligence analysis, and conflation of actual and constructive knowledge.
The Court of Appeal dismissed the appeal, finding no palpable and overriding errors in the trial judge's findings of fact or legal conclusions, affirming that the errors were not reasonably discoverable and due diligence was exercised.
The Court also rejected arguments regarding juristic reason and equitable set-off.
