Date: 2006-04-06 Docket: S046775. M.A. Humphries J. | Link

This is an application to compel the defendant to produce a Supplemental List of Documents, listing his hard disk drives ("HDD") and a mirror image copy of those hard disk drives as documents in its possession. The plaintiff wants the mirror-image HDD produced to its own computer expert for a computer forensic analysis. "Without some indication that the application of the interesting technology might result in relevant and previously undisclosed documents, the privacy interests of the third parties and the avoidance of unnecessary and onerous expense militate against allowing such a search merely because it can be done." (para 36)

Baldwin is cited by Master Hyslop in Value Analytix Ltd. v. Doman Industries Limited et al, 2006 BCSC 860 (CanLII) Date: 2006-06-02 Docket: 36603, in his refusal to order the production of hard drives.