Hummingbird v. Mustafa, 2007 CanLII 39610 (ON S.C.)

  • September 19, 2007

Date: 2007-09-19 Docket: 06-CV-304092PD1 Master Sproat | Link

"...the defendants seek a disk image of Mustafa's hard drives which Hummingbird used to produce documents in their affidavit of documents and supplementary affidavit of documents and to advise of the anticipated cost of this request. Essentially, the defendants wish to have a mirror copy of the hard drive of the computer used by Mustafa while employed by Hummingbird". In his conclusions, relies on Reichman to include the hard disk in the definition of a document, and interprets the hard disk as permitting the inspection of the "original" of the production. Goes on further to state that provision of the mirror-image is the most cost-effective approach, in line with Rule 1.04 (just, most expeditious and least expensive determination of the proceedings). (Since the disk is indeed the one used by the defendant while at Hummingbird, there would be no concerns about protection of privacy. PD)