Date: 2008-01-18 Docket: CV-07-0213 D.C. Shaw J. | Link
In this suit for wrongful dismissal, the plaintiff moves for an order "that the defendant preserve, retrieve and produce all relevant electronic documents in its possession or control. The plaintiff seeks to have a third party information technology company image and store the contents of all computers, mobile handheld devices and other electronic devices of every kind used by the defendant. The plaintiff then wants the defendant to review the imaged file index to determine if privilege is claimed and to produce in electronic form all relevant documents for which privilege is not claimed." The defendant has produced the attachment to one email as the one relevant document. Defendant did not produce the container email, claiming the email had no relevant information and has long since been purged. Plaintiff has produced "no evidence on this motion that there is any other relevant data and information in electronic form", but speculates about the existence of other e-mails exchanged among his immediate supervisor, the regional manager and the general manager of the company. Plaintiff asks the court to assume there were other (relevant) emails. Citing Master Dash in White v. Winfair 2005 CanLII 13037 (ON S.C.), the Court declined to grant the order based on the lack of convincing evidence of the existence and relevance of the documents sought. The Court goes on to state that the plaintiff may renew its motion if evidence of other relevant documents arises during examinations for discovery. The Court did, however, order the defendant to "use its best efforts to retrieve this (container) e-mail and produce it and the attachment, in electronic form to the plaintiff."