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High Court, in proceedings seeking damages for breach of contract and other reliefs relating to the plaintiff's contract of employment having been terminated by the defendant, hears plaintiff's application for further and better discovery of documentation previously ordered (Stewart J.) to be discovered by the defendant and finds that: the plaintiff is entitled to some of the additional documentation sought on the basis of the wording of the discovery request and the court's prior order; and the defendant must place its reasons on affidavit as to why certain documentation was destroyed at a time material to the plaintiff's claim.
Discovery - application seeking further and better discovery consequent upon alleged default in making discovery - termination of employment - breach of contract - misrepresentation - declaratory reliefs concerning alleged ownership of profit share - counterclaim concerning alleged unlawful sharing of information concerning defendant's business - legal principles applicable to further and better discovery - differentiation to additional discovery - how agreed or directed categories of discovery should be approached - rules of construction - touching or concerning plaintiff's claim - belief as to existence of documents, without more, insufficient to establish entitlement to further discovery - burden on party seeking discovery - explanation for details in relation to destroyed documentation must be placed on affidavit
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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