Eizenshtein v. Eizenshtein, 2008 CanLII 31808 (ON S.C.)

  • June 26, 2008

Date: 2008-06-26 Docket: 20570/05. Wildman J. | Link

"A woman sees e-mails between her boyfriend and his solicitor about strategies to use in the divorce battle with his wife. When she and her boyfriend break up, the woman provides copies of the e-mails to her boyfriend's wife. Can the e-mails be filed as part of the wife's affidavit in the divorce proceedings?" (para 2) "We live in an interesting time. The electronic age creates communication problems never contemplated when the law of solicitor-client privilege was first developed. Identity theft, electronic fraud and computer "hacking" are ever-present concerns. More and more information is prepared and communicated electronically, often with no security protection, sometimes only with the protection of an often used or easily guessed password. Information from one computer can be accessed from computers at another location, even on the other side of the world. Much of a person's private information is now stored on a computer, often with a right of access to the computer by other members of the person's household or business, who also have need to use the same machine." (para 41)