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Case Report – Court dismisses request to limit production of e-mails
On April 26th, the Newfoundland and Labrador Supreme Court – Trial division dismissed an application to limit production of e-mails. The defendant (and plaintiff by counterclaim) in a departing...
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Case Report – Master denies relief, says parties should have engaged in...
On November 2nd, Master McLeod of the Ontario Superior Court of justice dismissed a motion that sought an order to deal with alleged over-production because the parties did not collaborate in...
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Existence of unfound docs no reason to allow a hard drive inspection (Ontario)
On December 19th, Justice Morgan of the Ontario Superior Court of Justice made the following statement of principle in dismissing a request to inspect a party’s hard drive that followed the party’s...
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NSCA addresses relevance, prorportionality and privacy in the ordering of...
On January 28th, the Nova Scotia Court of Appeal affirmed an order that required a plaintiff to produce a hard drive for forensic review because it contained data relevant to his lost income claim...
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Master McLeod sets out parameters of hard drive review
Last September Master McLeod of the Ontario Superior Court of Justice issued an e-discovery order that was just brought to my attention and that makes some points about the discovery of a hard drive....
View ArticleNSCA issues principled judgement on relevance standard for production and...
On February 28th, the Nova Scotia Court of Appeal held that a motor vehicle accident plaintiff was not entitled to production of her insurer’s policy documents merely because she had alleged bad faith....
View ArticleFederal Court of Appeal – litigation database privileged, no production based...
On October 20th, the Federal Court of Appeal set aside an order that required the federal Crown to disclose the field names it had used in its litigation database along with the rules used to populate...
View ArticleGSB addresses use of surveillance footage
In a decision first released last September, the Grievance Settlement Board partly upheld a grievance that challenged the use of video surveillance footage in Ontario correctional facilities. It has...
View ArticleIPC upholds university vaccination policy
On April 5th, the Information and Privacy Commissioner/Ontario affirmed a University of Guelph requirement that students in residence for the 2021/2022 academic year be fully vaccinated. The IPC has...
View ArticleNova Scotia arbitrator admits audio recording over union objection
On April 17, Nova Scotia labour arbitrator Augustus Richardson admitted audio recording evidence that a union objected to even though the employer failed to give proper notice of recording. The...
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