Sourian v. Sporting Exchange Ltd., 2005 CanLII 4938 (ON S.C.)

  • March 02, 2005

Date: 2005-03-02 Docket: 04-CV-268681CM 3. Master Calum U.C. MacLeod | Link

Production of information from an electronic database. An electronic database falls within the definition of "document" in our (Ontario) rules. The challenge in dealing with a database, however, is that a typical database would contain a great deal of information that is not relevant to the litigation.  Unless the entire database is to be produced electronically together with any necessary software to allow the other party to examine its contents, what is produced is not the database but a subset of the data organized in readable form.  This is accomplished by querying the database and asking the report writing software to generate a list of all data in certain fields having particular characteristics.  Unlike other documents, unless such a report is generated in the usual course of business, the new document, the requested report (whether on paper or on CD ROM) would have to be created or generated. Ordering a report to be custom written and then generated is somewhat different than ordering production of an existing document.  I have no doubt that the court may make such an order because it is the only way to extract the subset of relevant information from the database in useable form. On the other hand such an order is significantly more intrusive than ordinary document production. A party must produce relevant documents but it is not normally required to create documents.  Accordingly such an order is discretionary and the court should have regard for how onerous the request may when balanced against its supposed relevance and probative value. (Italics P.D.)