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. There was an agreement to this effect reached by the parties on the 12th of December 2005.... Notwithstanding the Plaintiffs' efforts to produce documents in a common format the Defendants identified deficiencies in the Plaintiffs' Summation database. Numerous e-mails were exchanged between the parties and their common document-processing company. After some time, an agreement was reached where the Plaintiffs would produce its Summation database with same level of functionality as that of the Defendants (e.g. including the metadata). There was an increased cost in the amount of $26,983.46. The Defendants paid one half of that cost and now seek to have their share reimbursed. (para 8 and 9). Discussion of cost splitting.