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Court orders production of competitor’s financial and tax records in non‑competition dispute.
The plaintiff brought a motion seeking production of financial materials from a corporate defendant, including financial statements, income tax returns, and records related to its digital printing operations.
The action alleged that a former employee and shareholder breached non‑competition, non‑disclosure, and non‑solicitation obligations and assisted a competitor in establishing competing services, resulting in lost profits and unjust enrichment.
The court held that the requested documents were relevant to assessing both the plaintiff’s alleged losses and the defendant’s alleged gains.
The court rejected arguments that existing financial disclosures were sufficient and found that income tax returns were relevant to determining profits.
The court also held that a broader production period surrounding the non‑competition agreement was reasonable for assessing damages.
Appeal from summary judgment on personal line of credit dismissed due to uncontradicted evidence of liability.
The appellants appealed a summary judgment finding them liable for amounts owing under a personal line of credit.
They argued the bank's action was based solely on a mortgage securing a different line of credit and that there was a genuine issue for trial regarding their liability.
The Court of Appeal dismissed the appeal, finding the statement of claim clearly sought payment for both lines of credit and there was uncontradicted evidence of the appellants' joint and several liability under the personal line of credit agreement.
