Date: 2008-08-11 Docket: 0203  12910 S.J. Greckol J. | Link

Amongst the many procedural issues that have arisen en route to trial, the Plaintiffs claimed that documents stored on computers used in the Defendants' business were erased, thwarting their entitlement to full discovery. Orders for forensic inspection of the computers were made in order to retrieve any lost information. The way in which the inspection would proceed became contentious and exceedingly expensive. The Plaintiffs now seek reimbursement of their costs for the forensic inspection. The Defendants deny responsibility for these costs, arguing that the evidence does not demonstrate wrongful destruction of evidence by them. They argue that in any event, this matter of costs should be determined at trial because the entire relevant chronology of events must be examined and credibility findings made in order that the decision be fairly made." (para 2) See Dreco for the history up to 2006.