Date: 2013-03-25. Docket: 05-CV030917. Master Macleod. | Link

Motion regarding documents which the defendants have withheld as privileged. The plaintiff was unsuccessful in its bid for a contract to provide certain public health services. The plaintiff seeks damages, alleging improper tendering practices on the part of the defendant. In discussing the documentary production in this case, Master Macleod commented: “As is common in cases where a plaintiff pleads motive, impropriety, conspiracy or similar kinds of claims against an organization, the scope of documentary production is inherently problematic and can quickly grow to nightmarish proportions. […]The objective of a discovery plan of course is not to ensure that every document has been located with perfect precision. Rather it is the objective to reach agreement on the search methodologies and procedures so that both sides can be assured that reasonable efforts have been made taking into account the needs of the litigation and the resources it is reasonable to bring to bear on this phase of the problem. […] In a perfect world, the discovery plan would be a living breathing process, modified, adapted and updated as necessary and it would include a dispute resolution process minimizing the need for court intervention”. Master Macleod went on to rule on whether the 60 disputed documents were in fact privileged.