Disclosure of records in arbitration

By Rachel Clarke and Alex Ogilvie (February 3, 2023, 9:02 AM EST) -- A party to an arbitration must assert its access to an opposing party’s records clearly and promptly, as courts will not cure the party's failure to do so. ENMAX Energy Corporation v. TransAlta Generation Partnership, 2022 ABCA 206 (the ENMAX case) is an example of this....
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