The applicant, Marmak Holdings Inc., brought a motion to compel an independent accountant (Baker Tilly Vaughan/KPMG) to produce its complete working file and underlying information related to a report prepared as part of a litigation settlement.
The report determined financial obligations between joint venture parties.
The court interpreted the original consent order, which granted access to "any and all information provided to" the accountant, and considered professional accounting standards.
The court dismissed the request for the complete file and working papers, finding them to be the accountant's work product.
However, it ordered the production of specific financial information akin to client property, such as starting trial balances, adjusting entries, accounts receivable/payable lists, and a schedule of rental income, as well as information supporting a market adjustment made in the report.
The court also ordered the parties to pay the accountant's outstanding invoice and fixed costs for the motion.
