Shareholders and a former director brought a motion seeking to strike the defendants’ statement of defence for alleged non-disclosure, or alternatively compelling additional corporate and financial production.
The underlying action alleged that the defendants, as directors, diverted a corporate opportunity to another entity and caused the insolvency of the corporation.
The court reviewed the history of disclosure and determined that extensive corporate, technical, contractual, and financial records had already been produced.
The requested additional production was found to be overly broad and unsupported by evidence establishing relevance to issues in dispute.
The motion for additional disclosure was dismissed and the matter was directed to proceed to an expedited trial.
