Key Legal Issues

1. Strike Application: Brokers sought to strike:

   • Security for Costs and Restricted Court Access Applications.

   • Associated affidavits, including the Vigna Affidavit, arguing irrelevance and reputational harm.

2. Clarification/Variation Application: NE2 and Gunn requested:

   • Clarification on the court's directive regarding the filing of cross-examination transcripts.

   • Alternatively, variation to permit filing.

Court Decisions

1. Strike Application Denied:

   • Court upheld the open court principle, rejecting attempts to "unfile" documents.

   • Evidence and transcripts were deemed relevant and material to workplace toxicity claims central to the case.

   • Privacy concerns (e.g., reputational harm) insufficient to overcome public interest in transparency.

   • The Vigna Affidavit remains filed, subject to redactions.

2. Clarification Application Granted:

   • Court clarified that the October 2023 directive temporarily restricted filing of cross-examination transcripts.

   • Restriction expired in November 2023; filing allowed per Alberta Rules of Court.

3. Gunn Affidavit:

   • Allowed to be filed with redactions.

   • Court warned against improper dissemination to media, aligning with implied undertaking rules and defamation risks.

Litigation Background

• Dispute began after brokers left NE2 to join Modern Commodities, claiming workplace toxicity under Gunn.

• NE2 counterclaimed, alleging breach of fiduciary duties and conspiracy to harm the company.

• Multiple procedural applications have included injunctions, cost security, and court access restrictions.

Conclusion

• Filing and redaction rules upheld; brokers cannot use litigation strategy to conceal adverse information.

• Costs awarded to NE2 and Gunn. Further disputes over costs to be resolved by submissions.

• No direct monetary damages or awards were adjudicated in this decision.