Appeal from a Master's discovery order requiring an affiant to answer undertakings and produce documents relating to a non-party pharmaceutical company.
The underlying action alleged breach of fiduciary duty by a trustee in connection with the sale of pharmaceutical businesses and the loss of royalty and option rights belonging to estate beneficiaries.
The court held that documentation relating to certain drugs manufactured by the non-party company was relevant to whether the business carried on by that company derived from the earlier enterprise, but limited production to the royalty period to ensure proportionality.
The court also upheld the order requiring production of the non-party company’s financial statements as relevant to the plaintiffs’ claimed damages and alleged lost opportunities.
The Master's order was varied in part and otherwise upheld.
