Jo-Ann Hanson

The applicant, a terminated farm implements dealer, brought a motion seeking the production of financial and sales documents from the respondent manufacturer and a successor dealership.

The applicant argued the documents were necessary to calculate damages based on the successor's financial performance.

The Tribunal dismissed the motion, finding that the respondent did not have possession, control, or power over the successor's documents.

Furthermore, the Tribunal declined to order production from the successor dealership as a non-party, concluding that the requested documents were not relevant to the established method of calculating damages based on past performance, and that the prejudice of disclosing confidential information to a competitor outweighed any unfairness to the applicant.

The applicant brought a motion for summary judgment to prove a lost will and admit a copy to probate.

The deceased's original will could not be found, raising the presumption of revocation.

The court found the presumption was rebutted by evidence that the deceased was a severe hoarder, making it likely the will was lost in the clutter rather than intentionally destroyed, and by his established solicitor-client relationship.

The court admitted the copy of the will to probate and directed that a bequest to 'VON Woodstock' be paid to VON Oxford.