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The relevance of irrelevance: the extent of documentary disclosure obligations

Gowling Lafleur Henderson LLP
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Canada
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May 13 2013

This matter involved the termination of an employee and allegations of bad faith against the former employer. The plaintiff argued that e-mails

Four factors to be addressed on an application for leave to appeal: Honour v. Canada, 2008 BCCA 346

Gowling Lafleur Henderson LLP
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Canada
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April 17 2013

This is application to seek leave to appeal from a motion decision. The action arose out of a helicopter crash. The owner and pilot of the helicopter

Rules for dealing with any motion for production: Sourian v Sporting Exchange Ltd, 2005 CanLII 4938 (ONSC)

Gowling Lafleur Henderson LLP
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Canada
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April 17 2013

In this motion, the plaintiff moved to compel production of electronic data and the defendant moved to secure the plaintiff's computer and to examine

Hollinger Inc. (Re), 2012 ONSC 5107

Gowling Lafleur Henderson LLP
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Canada
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March 22 2013

This motion decision was released in 2012 by Ontario Superior Court of Justice during a CCAA proceeding under which Hollinger Inc. was granted

Kariouk v. Pombo, 2012 ONSC 939 (CanLII)

Gowling Lafleur Henderson LLP
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Canada
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February 20 2013

This was a decision on a motion to compel answers to undertakings in a home renovation case. It was conceded that there was no formal discovery plan

Velsoft Training Materials Inc. v. Global Courseware Inc., 2012 NSSC 295

Gowling Lafleur Henderson LLP
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Canada
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February 20 2013

The defendants brought a motion to compel further disclosure of electronic information by the plaintiffs. Civil Procedure Rule 16.09(3) requires each

Penalty for the destruction of relevant evidence

Gowling Lafleur Henderson LLP
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Canada
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December 28 2012

In this matter before the Court of Appeal of Alberta, Spence Corrosion Services Ltd. and Norman Spence brought two appeals from an interlocutory injunction

S2 Automation LLC v. Micron Technology, Inc., No. Civ 11-0884 JBWDS, (D.N.M. Aug. 9, 2012)

Gowling Lafleur Henderson LLP
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USA
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October 18 2012

Regarding several e-discovery matters in this case, the court decided largely in favour of Micron Technology, Inc., the plaintiff seeking to compel production of documents by the defendant, S2 Automation LLC

Boeynaems v. LA Fitness International, LLC, No. 10-2326, 2012

Gowling Lafleur Henderson LLP
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USA
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October 18 2012

This is a decision of the District Court of Pennsylvania mainly focusing on the issue of cost allocation of discovery before a decision on class certification, as well as addressing the issue of a discovery “fence”

Winter et al. v. Sherman, Apotex et al., 2010 ONSC 3640

Gowling Lafleur Henderson LLP
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Canada
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June 18 2012

In this production motion, Master Haberman found that while evidence is certainly helpful to show whether the documents sought do or do not exist, the motion itself is not the appropriate forum to consider evidence pertaining to the merits of the case in order to limit production

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