Date: 2008-06-11 Docket: 0701-0179-AC. Reasons for judgment reserved by Carole Conrad J.A. | Link

Appeal from an order by the case management judge to produce the imaged hard drives in specie and of drives containing the "hybrid" files (those patients whose care was partially funded by the CHR). Reflecting on the decision in Spar Aerospace Limited v. Aerowerks Engineering Inc. , the Court stated: "While I agree with Madam Justice Veit's decision, I would add a caveat. Even in circumstances where it is clear that a litigant is thwarting the litigation process, and the court deems it appropriate to order production of a hard drive, measures should be taken to protect disclosure of irrelevant and immaterial information which the producing party objects to produce. Although litigation confidentiality exists, many times that will not be sufficient to protect personal, confidential and private material. A judge should always hear representations as to how information that is neither material nor relevant can be protected from exposure, and frame any production order in the least intrusive manner." (para 41)