During a hearing, the responding parties requested an order directing the applicant to produce documents it intended to rely on at the continuation of the hearing.
The applicant objected, arguing that early production could compromise its cross-examination and that some documents were held by third parties.
The Board ordered the applicant to produce all documents in its possession or control prior to the continuation of the hearing to avoid 'hearings by ambush', but exempted documents held by third parties that could not be obtained voluntarily.
