Key Points:

• Parties:

  • Plaintiffs: Paragon Protection Ltd. and Rosencrantz & Guildenstern Inc.
  • Defendants: Tamstu-Harjon Holdings of Canada Ltd., Jonathan Rosenthal and Benjamin Barrett (as Estate Trustees of Cyril Rosenthal’s Estate).
  • Counterclaim Defendants: Paragon Protection Ltd., Rosencrantz & Guildenstern Inc., Ronald and Donna France, and Bud Ralph.

• Central Dispute:
  The case revolves around the financial and equity interests of Tamstu-Harjon Holdings in Paragon under a 1978 Consulting Agreement. This includes disputes over profit sharing, equity rights upon sale, and the regulation of remuneration for the France family controlling Paragon.

• Motion:
  The Succeeding Estate Trustees (Jonathan Rosenthal and Benjamin Barrett) sought an order under Rule 30.1.01(8) to exempt certain documents from the “deemed undertaking” rule, allowing their use in a related estate proceeding.

• Arguments and Decision:

  • The documents in question, referred to as the "Pervez Productions," pertain to accounting records created by Syed Pervez, a former estate trustee and accountant for Paragon.
  • Justice Osborne ruled the following:
    • The documents are relevant to the estate proceeding, including a contempt motion against Pervez for non-compliance with prior court orders.
    • The interests of justice outweighed any potential prejudice to Paragon.
    • No sealing or protective orders exist, and Pervez himself did not object to their use.
    • Relief under Rule 30.1.01(8) and exceptions for impeachment were applicable.

• Outcome: The motion was granted, allowing the use of the Pervez Productions in the estate proceeding. The decision did not specify any monetary award, damages, or final costs determination.