Date: 2012-08-02 Docket:  341894 Wood J. | Link

The defendants brought a motion to compel further disclosure of electronic information by the plaintiffs. The defendants did not provide evidence to show that there were any specific electronic records or categories of records which were relevant and not disclosed by the plaintiffs.  However, court did find inadequacies in the affidavits and disclosure provided by the plaintiffs, and ordered that they provide additional information in Schedule A in order to comply with the requirements of CPR 16.09(3)(d). The court also ordered that they give further details concerning destruction of electronic information in accordance with CPR 16.03(2)(b) and 16.09(3)(h), and provide explanations for the redactions which had been made. Case is first one referring to The Sedona Canada Commentary on Proportionality in Electronic Disclosure & Discovery.