Inspection as invasive as that proposed ought not to be undertaken simply on basis of suspicion

Ontario civil | Civil Procedure

DISCOVERY

Inspection as invasive as that proposed ought not to be undertaken simply on basis of suspicion

Respondent filed motion for order that court appoint computer forensic expert to examine computer systems of applicant and its principal, and order that employees or agents of applicant assist expert with all reasonable requests to fulfill its mandate. Respondent wanted expert to verify whether two e-mails between applicant’s principal and third party were authentic. Applicant’s position was that the e-mails were not authentic, were never exchanged, and did not appear in its system. Motion dismissed. Motion judge accepted applicant’s submission that no trace of e-mails was found following forensic investigation of its devices. Nor was any trace or e-mails found during execution of Anton Piller orders. Inspection as invasive as one proposed by respondent ought not to be undertaken simply on basis of suspicion, speculation or conjecture. Order sought by respondent was disproportionate and unnecessary, and value to be gained through order proposed was limited.
Direct Energy Marketing Ltd. v. National Energy Corp. (Jun. 11, 2013, Ont. S.C.J., J.S. O’Neill J., File No. CV-11-431862) 233 A.C.W.S. (3d) 331.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Ontario Court of Appeal upholds TTC's liability in personal injury case of woman struck by bus

Ontario Superior Court dismisses former wife's claims against late husband's estate

Law Commission of Ontario report calls for modernizing consumer protection for digital marketplace

New judicial appointments announced for Ontario courts

Spirit of Schlifer Award recipients honoured as clinic's clients face mounting challenges

Proposed settlement denied children compensation for loss of care: Ontario Superior Court

Most Read Articles

New judicial appointments announced for Ontario courts

Psychiatrist’s ‘careless’ expert evidence leads to new sentencing for dangerous offender: Ont. CA

Ontario Superior Court sets aside deemed admissions in motor vehicle accident case

Law Commission of Ontario report calls for modernizing consumer protection for digital marketplace