Date: 2010-08-08 Docket: 10-CV-400356  D.M.Brown J. | Link

Extracts from the court's case management memorandum describing what information is needed to assess the burden of production in the required format: "(i) is the data sought by the plaintiff available in the format sought? (ii) why does the plaintiff require production of the data in the format sought? and (iii) what, if any, undue burden would be imposed on the defendants to produce the data in the format sought?  The parties must appreciate that my consideration of the request will be informed by the general principle of proportionality (Rule 1.04(1.1)), as well as the more specific principles of proportionality applied to electronic discovery through the Sedona Canada principles (Rule 29.1.03(4)).  Their materials should address those principles." The court adds that the plaintiff must serve and file a Proportionality Chart - Document Production in the format set out by the Ontario E-Discovery Implementation Committee available here.