SUPREME COURT OF NOVA SCOTIA
Citation: Hillwood Holdings Ltd. v. Cangra Distribution Inc., 2013 NSSC 27
Date: 20130125
Docket: Hfx. No. 341260 & 333563
Registry: Halifax, NS
Between:
Hillwood Holdings Limited and Howard Dwyer
Applicants
v.
Cangra Distribution Inc., Michael Iosipescu, Philip Whitehead, and Iosipescu, Whitehead and Metlege, a law firm
Respondents
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Nova Scotia Barristers= Society
Intervenor
LIBRARY HEADING
Judge: Justice Patrick J. Murray
Heard: November 26, 2012, in Halifax, Nova Scotia
Written
Decision: January 25, 2013
Subject: Motions for Disclosure by Applicants pursuant to Civil Procedure Rules 15.02 and related rules.
Summary: The Applicants filed two (2) Motions for further and better disclosure and for disclosure of specific documents (three (3) sealed boxes and two (2) CDs). The documents were purported to be those of the Respondent, Cangra Distribution Inc. and related companies. The Society intervened to ensure protection of solicitor/client privilege.
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Issue: What further disclosure should be ordered of the Respondents and in respect of the specific documents?
Result: Disclosure Order granted. Further and better disclosure ordered under certain categories including accounting and business records, client files and reporting. Other disclosure refused applying the rule of proportionality. In respect of specific documents, Court appointed third (3rd) party referee to review sealed documents and protect issues of privilege prior to disclosure. Detailed provisions of proposed Order provided. Costs of referee apportioned between Applicants and Society.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.