Bell ExpressVu Limited Partnership v. Heeren, 2010 ONSC 665 (CanLII)

  • January 27, 2010

Date: 2010-01-27 Docket: 07-CL-6981. Marrocco J. | Link

Plaintiff moves for for an order compelling the defendant, Wilhelmus Heeren, to further review the contents of computer hard drives which are in his possession, control or power, and to again search for and identify relevant documents.  In addition, the plaintiff seeks an order requiring Wilhelmus Heeren to deliver a further and better affidavit of documents. The plaintiff had executed an Anton Piller Order, and in the absence of objections or claims of privilege, was given a copy of the disk for searching and found a number of documents that the defendant had not listed on his affidavit. The court points out that the plaintiff has all the documents (i.e. has a full copy of the disk), so there is no need for the defendant to produce any further affidavits of documents or productions. The court dismissed the motion. See here for Dan Michaluk's summary.