Alberta Court Orders Production Of Documents In Native Format, Contrary To Agreement Between Parties

In Bard v. Canadian Natural Resources (Bard), the Court of Queen's Bench of Alberta (Court) ruled that certain documents were to be produced in native format, despite what was set out in a discovery agreement between the parties. Following the Court's ruling in Bard, litigants should consider how they want to produce, receive and use documents early on in a case, to avoid additional motions.

DOCUMENT PRODUCTION: WHAT ARE THE OPTIONS?

In litigation, parties often enter into discovery agreements and one of the items addressed is how documents are to be produced. It is important to think about how you will want to use documents early on in a case and before deciding on how they will be produced. In general, there are two common formats for the production of documents: