Paul Starkman

The appellants, who were issued Administrative Penalty Orders totaling $842,057.40 for allegedly selling homes without a vendor license, brought a motion seeking the production of various documents from the respondent's investigation.

The respondent argued that it had already disclosed all documents relied upon by the Assessor and that the request was overly broad.

The Tribunal granted the motion in part, ordering the production of specific emails, complaints, and investigation documents that were relevant to the calculation of the penalty and the foundation of the facts, while denying requests for third-party records and documents that did not exist.

The moving party sought leave to appeal an order of J.K. Trimble J. dated November 26, 2025.

The Divisional Court granted the motion for leave to appeal and ordered the appeal to be expedited.

Costs of the motion were reserved to the panel hearing the appeal and fixed at $5,000.

The applicant in a human rights proceeding alleging discrimination based on disability brought a Request for Order During Proceedings seeking production of all emails from January 2011 to her termination in October 2014.

The respondent opposed the request as overbroad.

The Tribunal denied the request, finding it overbroad and not sufficiently particularized, as it would encompass many emails irrelevant to the issues of disability, accommodation, and performance.

The applicant was permitted to file a more particularized request.