Court orders Absolute Software to widen disclosure in oppression fight
That order directed Absolute to produce documents tied to two questions: why it amended its credit agreement in 2023 before the plan of arrangement proceeded, and why it agreed to let Crosspoint walk away from the deal if 10% of shareholders voted to dissent.
Edenbrook, which filed its first notice of application on March 20, 2026, argued Absolute’s document search fell short. By the time the matter reached a hearing on July 21 and 22, 2026, Edenbrook was pressing 31 separate document categories, and Absolute was resisting nearly all of them.
The central fight involved a March 2023 credit agreement amendment, separate from and preceding the May 2023 amendment already covered by the original order. Absolute argued it had no obligation to produce records tied to the earlier amendment, and separately argued that producing further records would be “disproportionate to their probative value, particularly given their commercially sensitive nature.” Justice Stephens rejected both arguments, ruling that the original order’s wording covered why Absolute amended its credit agreement “in 2023,” not just the later amendment, and directed Absolute to file a further amended list of documents covering the earlier one too.
On most of the other 30-odd categories Edenbrook sought, the court found the company had not shown a failure to disclose, though the ruling leaves Edenbrook free to come back with narrower, better-targeted requests tied to the credit amendment and the dissent condition.
A second application, filed June 23, 2026, challenges roughly 100 documents Absolute is withholding as privileged, some of them substantially redacted. Rather than ordering the documents disclosed outright, Justice Stephens directed Absolute to organize its privilege claims into categories and set down a one-day hearing where the court will review a sample of the disputed records in open court, with submissions from both sides.
