Bombardier Inc. appealed a decision by Associate Justice Jolley that largely dismissed Bombardier's request for a further and better affidavit of documents from Triple-K Consult Ltd. Bombardier sought documents related to an audit, which it claimed was a precondition to commission payments.
The appeal judge upheld the Associate Justice's findings, determining that Bombardier had not established the relevance or existence of most requested documents, distinguishing between documents relevant to the audit process and those relevant to the litigation's core defence of non-compliance with the audit.
The appeal was dismissed, and costs were awarded to Triple-K Consult Ltd.
