MT>3
  • Home
  • About
  • People
  • Services
    • e-Discovery
    • Managed Review
    • Information Governance
    • Due Diligence
  • Blog
  • News
  • Contact

”Data Dump” Rejected by Court

22/6/2016

 
Master MacLeod (now Justice MacLeod) of the Ontario Superior Court of Justice has recently ruled on matters dealing with the complexity of electronic disclosure between two parties who had failed to agree on a Discovery Plan.  In Thompson v. Arcadia Labs Inc., 2016 ONSC 3745, the plaintiff took issue with a number of matters relating to the disclosure of documents. 

First, the parties had failed to reach an agreement on the form of the Affidavit of Documents, and in particular how the documents would be described.  Master MacLeod provided strong guidance on this point, and confirms that a typical “Schedule A” listing the details of each document is not necessary, as long as the purpose and objective of the Rule is met, and the documents are functionally accessible and identified with precision.  This aligns with common practice in Ontario, where parties regularly avoid the traditional list, and provide fully indexed and organized litigation support software load files instead. 

Second, the Defendants had failed to produce documents, pointing the plaintiff to an on-line repository instead and, in effect, telling them to search through it for relevant records.  Master MacLeod considered this the equivalent of a data dump, and required a more targeted and precisely identified production. 

To deal with these and other deficiencies in the disclosure of documents, the parties were ordered to meet and confer and seek to co-operate having regard to the second edition of the Sedona Canada Principles (November 2015), failing which they are to seek further direction from the court. 

This is a warning for parties who choose not to take the production of electronic records seriously.  The Ontario Superior Court expects cooperation, and is prepared to insist on it.

Comments are closed.

    Categories

    All
    Artificial Intelligence
    Blockchain
    Cyber Security
    E Discovery
    Information Governance
    Legaltech
    Privacy
    Social Media
    Technology


    Archives

    February 2021
    November 2020
    October 2020
    July 2020
    June 2020
    April 2020
    March 2020
    February 2020
    January 2020
    November 2019
    October 2019
    September 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    May 2018
    April 2018
    March 2018
    September 2017
    August 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    June 2011
    April 2011
    March 2011
    February 2011
    January 2011
    December 2010
    November 2010
    October 2010
    September 2010
    August 2010
    July 2010
    June 2010
    May 2010
    March 2010
    February 2010
    January 2010
    October 2009
    September 2009
    August 2009
    December 2008
    March 2008
    November 2007
    October 2007

130 Adelaide Street West Suite 2020
Toronto, Ontario M5H 3P5
​ ​
t: 416-642-2220  
tf: 1-877-642-2220  
f: 416-868-0673
Contact MT>3
@MT>3 2018. All Rights Reserved
Picture

Privacy Policy and Terms of Use

  • Home
  • About
  • People
  • Services
    • e-Discovery
    • Managed Review
    • Information Governance
    • Due Diligence
  • Blog
  • News
  • Contact