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Motion for production and discovery against non-party trade association dismissed due to confidentiality privilege.
The applicant farm equipment dealer brought a motion for production and discovery against a non-party trade association, seeking confidential market share data to challenge the respondent manufacturer's termination of their dealership agreement.
The Tribunal dismissed the motion, finding the requested data was protected by the common law privilege of confidentiality and the applicant failed to establish the relevance and importance of the documents.
The Tribunal also refused leave to examine the non-party for discovery, noting it would cause undue delay and expense.
The applicant was ordered to pay the non-party's costs of the motion.
Tribunal directs parties to bring formal motions for late filing of evidence and third-party production.
At a pre-hearing conference, the Tribunal addressed two contentious issues regarding evidence and discovery.
First, an intervener sought to file additional confidential documents after the deadline; the Tribunal directed them to bring a motion for leave.
Second, the appellant sought market data from another intervener who was treated as a non-party for discovery purposes; the Tribunal directed the appellant to bring a motion for third-party production under the Rules of Civil Procedure.
The Tribunal also issued orders on consent regarding expert reports, discovery undertakings, and scheduling.
