Production of documents subject to conditions

|Canadian Employment Law Today

David Carter brought an action against his employer, Municipal Construction Limited, for wrongful dismissal. He also claimed that, as a result of certain representations and undertakings made at the time of his original hiring, he was entitled to a shareholders’ interest in Municipal Construction.

In defending the action, Municipal Construction alleged that Mr. Carter was terminated for cause and that he had no legal entitlement to any financial interest in the company.

During the course of the pre-trial discovery, the parties exchanged a list of documents as required by the rules of the court. Municipal Construction objected to the production of certain financial information on the grounds that the information was confidential and proprietary and did not relate to the claim by Mr. Carter.