Date: 2007-07-31 Docket: CA033051 Reasons written by Madam Justice Levine. | Link

Appeal from an order restraining the appellant plaintiff from using an email retrieved from the contents of the respondent's computer hard drive. The contents had originally been seized pursuant to an Anton Piller order in May 2004, which the defendant moved to have set aside in April 2005. The Court acknowledged there were irregularities in granting and conducting the Anton Piller, but refused to grant the order because of the 12 month lapse of time while restraining the plaintiff from using the email. The email is extremely relevant and a discoverable document. The Appeal Court gave leave to hear the appeal of the order and set aside the paragraph in the order restraining the use of the email.