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Claimant ordered to produce financial records for business loss claim despite corporate amalgamation.
In an expropriation compensation proceeding for business losses arising from LRT construction, the respondent Metrolinx brought a motion for discovery to compel the claimant to produce further financial records and a better affidavit of documents.
The claimant argued the records did not exist because it had amalgamated with a third-party purchaser and its operations were merged.
The Tribunal rejected the claimant's arguments, finding that the financial data must exist in some form and is highly relevant to the business loss claim.
The Tribunal ordered the claimant to produce the requested financial materials and awarded costs to Metrolinx on a partial indemnity basis.
