Where a settlement agreement is dependent on one party providing production and a third party being satisfied with that production, who determines whether production is appropriate? — Is it enough if the producing party simply gives their word that they have produced everything? — Or, is appropriateness to be determined by the third party applying its expertise? — Is a third party’s understanding of its own professional role pursuant to an agreement relevant to its interpretation? — How is the third party’s interpretation of the agreement and subsequent conduct reviewed by a court? — If the third party is a professional, like an accountant, is it reasonable to assume they will adhere to professional obligations and standards in fulfilling any conditions under an agreement? — dismissed 05/12/2022 — Supreme Advocacy acted as agent for the Applicant.
Read the lower court decision from the ONCA here.