R. Slattery

The plaintiff, an accounting firm, brought a motion to compel the non-party Deloitte LLP to produce documents related to two client audits.

The plaintiff alleged that a former partner, now at Deloitte, misused and misappropriated confidential client data upon his departure.

The defendant and Deloitte refused disclosure.

The court applied Rule 30.10 of the Rules of Civil Procedure, considering the relevance of the documents to liability and damages, and whether it would be unfair for the plaintiff to proceed without them.

The court found the documents relevant and necessary for the plaintiff's expert, and that the defendant's discovery evidence was inadequate.

Despite Deloitte's confidentiality concerns, the court ordered production, subject to a non-disclosure agreement and sealing order, finding Deloitte was not a "stranger" to the litigation.

The applicants sought to enforce letters of request issued by a Pennsylvania court against the respondents (Royal Bank of Canada, Peter Gordon, and Minden Gross LLP) to obtain documents and information for a civil action in Pennsylvania.

The court granted the application, finding that the evidence sought was relevant, necessary for trial (including pre-trial proceedings), not otherwise obtainable, identified with reasonable specificity, not contrary to public policy, and not unduly burdensome.

The court emphasized deference to the requesting court's findings and rejected arguments regarding pre-trial use and solicitor-client privilege.