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Ontario Court Orders Husband to Produce Hard Drive of Personal Computer in Family Law Proceedings
Justice Backhouse of the Ontario Superior Court of Justice granted a temporary order in a family law matter, ordering a husband to produce the hard drive of his home computer for disclosure purposes.
The wife sought the temporary order on the grounds that the husband’s hard drive contains details of his involvement with various family enterprises and business activities, and therefore goes to the issues of spousal and child support among others. The husband argued that the hard drive contains solicitor-client privileged material; as such, the husband was ordered to produce the hard drive for imaging, and to deliver it to independent counsel to parse out privileged content; the remaining content will then be delivered to the wife’s solicitor.