The parties brought competing motions seeking further documentary production in litigation concerning early termination of a commercial lease.
The landlord sought disclosure of the tenant’s corporate financial statements to assess claimed damages, while the tenant sought disclosure of the landlord’s rent rolls and leasing records to support its mitigation defence and counterclaim.
The court held that both categories of documents met the relevance test under the Rules of Civil Procedure notwithstanding commercial sensitivity.
Each party was ordered to produce the requested information, subject to the possibility of narrower agreement between counsel.
The court also directed the parties to update their discovery plan and consider involving accounting experts to streamline production and discovery.