Costs of eDiscovery

Link to older case law related to Cost shifting

Barker v. Barker, 2007 CanLII 13700 (ON S.C.)

  • April 24, 2007

Date: 2007-4-24 Justice Cullity. | Link
Plaintiffs claims relate to the treatment they received between 1965 and 1983 as residents, and patients, at the Oak Ridge maximum security division of the Mental Health Centre at Penetanguishene during the administration of programs allegedly conducted by the defendants under the supervision of the Crown (province of Ontario).

Borst v. Zilli, 2009 CanLII 55302 (ON S.C.)

  • September 23, 2009

Date: 2009-9-23. Master Ronna M. Brott. | Link
The parties reached an agreement wherein: the parties would retain an independent computer consultant ("ICC") who would obtain a copy of the computer data ("the image"); an independent solicitor ("ISS") would review the documentation for relevancy and privilege; and the ICC would provide the defendants with a copy of the documentation, to be provided to the plaintiffs.

JDS Uniphase Inc. v. Metconnex Canada Inc., 2006 CanLII 34432 (ON S.C.)

  • October 16, 2006

Date: 2006-10-16 Docket: 05-CV-31806. Master Beaudoin. | Link
In this case the parties attempted to comply with (i.e. the Ontario eDiscovery) guidelines in that they discussed the method of exchanging and producing documents in an electronic format. Plaintiff and Defendant shared the costs, and Defendant applied to have their half recovered. Master Beaudoin declined, stating that costs would be settled at the end.