Air Canada v. Westjet Airlines Ltd., 2006 CanLII 14966 (ON S.C.)

  • May 06, 2006

Date: 2006-05-06 Docket: 04-CV-266629CM2. Nordheimer J. | Link

"This motion raises the relatively new issue of a party's obligations regarding the production of electronic documents or "e-discovery" as it is sometimes referred to. Specifically in this motion, the plaintiffs seek an order: (i) confirming that if any privileged documents are inadvertently produced by the parties during its document production, such productions will not constitute a waiver of privilege, and; (ii) confirming that if documents are produced by the parties during the document production process, such production will not constitute an admission of the relevance of all or a portion thereof." Motion was dismissed. Discussion includes references to the American Sedona Principles and the Ontario eDiscovery Guidelines.