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. "[14] To require the Plaintiffs to reimburse these costs I would require additional information with respect to the long-term benefits of producing the electronic database in the enhanced format. This is not a case where either of the parties is unable to bear the costs of this litigation which will no doubt be complex and expensive. In order for me to make the interim cost award sought, I would require clearer evidence that the production of the database in the revised format was of benefit to both parties in the litigation or to the court or that the costs of the electronic production resulted in a disproportionate burden for one of the parties."