CIVIL PROCEDURE - Discovery - Production and inspection of documents - Confidentiality orders

Law360 Canada (October 20, 2022, 11:36 AM EDT) -- Appeal by Edgetech from the order dismissing its motion for a protective order. Edgetech also sought leave to admit fresh evidence. Edgetech and Nutech were competitors in the gas detection business. Edgetech was an authorized sales and service distributor for gas detection products. Taylor was a former employee of Edgetech until 2017 and thereafter employed by Nutech. Edgetech commenced this action against Taylor and Nutech in February 2019, alleging that Taylor was in possession of Edgetech's confidential information and had been using it to solicit Edgetech's clients to Nutech. On an examination for discovery, Nutech moved for an order requiring Edgetech to produce financial statements. Edgetech opposed this motion and moved for a protective order that would limit disclosure of the financial records to disclosure on a counsel's eyes-only basis. Nutech opposed the motion for a protective order. The motion judge granted a sealing order but refused to grant a protective order....