P. Scargall

The claimant in an expropriation proceeding brought a motion for the production of documents referenced in an expert report delivered by the respondent.

The respondent had refused to produce certain construction contracts and subsequent agreements related to a comparable development project.

The Tribunal ordered the production of the requested documents, finding that they were implicitly referred to and relied upon by the expert, and were relevant to the feasibility of the claimant's proposed development.

The claimant brought a motion seeking compliance by the respondent with undertakings and follow-up questions arising from an examination for discovery in an expropriation compensation claim.

The Tribunal found that the respondent failed to properly answer several follow-up questions and improperly refused to answer others on the basis of commercial sensitivity or solicitor-client privilege without proper grounds.

The Tribunal ordered the respondent to provide the required answers and documentation, and permitted the claimant to conduct an additional oral or written examination.

The claimant brought a motion for directions seeking compliance with undertakings from an examination for discovery in an expropriation compensation claim.

The sole issue was whether a confidential memorandum co-authored by the respondent's Chief Legal Officer was protected by solicitor-client privilege.

The Tribunal reviewed the document and found it contained business advice and recommendations regarding the expropriation, rather than legal advice.

The Tribunal ordered the respondent to produce a full, unredacted copy of the document, noting that a document is not privileged merely because it is co-authored by a senior legal officer acting in a management capacity.

A case management conference was held regarding an expropriation claim by Atlantic Packaging Holdings Ltd. against Metrolinx.

The claimant accepted a section 25 offer without prejudice but had not yet received payment.

The Tribunal directed the parties to prepare a draft procedural order and identify hearing dates, and noted the possibility of mediation.