Volume IV

Issue : 2: January 26, 2006

• Importation Held to Infringe Copyright Despite the Absence of Initial Infringement
• Nevada Court Rules Google Cache Feature Constitutes "Fair Use"
• Google Resists U.S. Government Motion to Compel Disclosure of Search Information
• Yahoo Loses Nazi Memorabilia Free Speech Case
• Ontario Court Finds Collaboration Necessary to Facilitate Document Production in the Electronic Age
• U.K. Plans to Host Global Online Gambling Summit
• Korea Will Not Prosecute Personal Downloaders
• Australian Online Bookie First to Get Licence
• Utah Fines B.C. Based Pornography Website
• California Court of Appeal Upholds Microsoft Class Action Settlement
• Alberta Court of Appeal Asserts that Corporations Cannot Hide Behind Privacy Laws
• U.S. Patent Office Upholds Microsofts File System Patents
• Sony Obtains $6 Million in Statutory Damages for Mod Chip Sales

Home > Volume IV > Issue 2: January 26, 2006 > Ontario Court Finds Collaboration Necessary to Facilitate Document Production in the Electronic Age

Ontario Court Finds Collaboration Necessary to Facilitate Document Production in the Electronic Age

Master Macleod of the Ontario Superior Court recently addressed an issue that is becoming of increasing importance to civil litigators. In Sycor Technology Inc. v. Kiaer et al. many documents that had to be disclosed in Schedule A of the Affidavit of Documents were contained in a large electronic database.

The defendant moved for production of these documents, which had apparently not happened because the cost of having these documents printed and photocopied would have been in excess of $50,000. In deciding to adjourn the motion on the basis of an insufficient record, Master Macleod noted that dealing with databases or other electronic documents “requires procedural collaboration and a healthy dose of pragmatism and common sense.” He suggested that, in these circumstances, there should be consideration given to the electronic production of required documents, potentially facilitated by computer experts who could identify both what documents exist and what are actually relevant to the issues actively in dispute.

The Master referred the parties to several resources on dealing with these issues, including the draft guidelines on e-discovery recently released by the Discovery Task Force of the Ontario Bar Association.

Master Macleod’s endorsement:

http://www.canlii.org/on/cas/onsc/2005/2005onsc15208.html

The draft guidelines on e-discovery:

http://www.oba.org/en/main/ediscovery_en/default.aspx