Date: 2011-03-25 Docket: S088378. Fenlon J. | Link

Among the issues dealt with by the court is the motion requiring the plaintiffs to disclose the search parameters they used to filter a massive amount of electronic data to identify relevant electronic documents. The court summarizes the plaintiff's approach starting at para 68. The court discusses the Sedona Canada Principles and the problem where the search terms used may reveal counsel's approach or theory of the case. The court allows that search terms are producible, but only where disclosure by the opposing party has been inadequate. In this case the defendants did not identify any deficiencies or missing categories of documents and the court concludes the the plaintiff does not have to disclose the search terms.