Mathieson v. Scotia Capital Inc., 2008 CanLII 45409 (ON S.C.)

  • September 09, 2008

Date: 2008-09-09 Docket: 07-CV-335295PD2. Master Sproat. | Link

In a wrongful dismissal case, plaintiff moved for production of all 25,000 emails retrieved in a search on the plaintiff's name among the email stores of 8 principals and their assistants covering the one year period prior to the termination. Of these 25,000, only 27 emails were produced, and of these very few were in fact new documents. Plaintiff argues that more than the 27 emails produced were expected, and the plaintiff alleges bad faith. The Master concluded there was no evidence that documents were missing and no apparent gaps that would justify a motion to compel, and no reason to believe "that the documents sought have any relevance to the issues in the action or have any probative value". Motion was dismissed.