Disclosure Of Metadata: The Whole E-Truth And Nothing But The E-Truth

A unanimous decision by the Nova Scotia Court of Appeal provides timely consideration of the scope of disclosure through Nova Scotia Civil Procedure Rule 16. In Laushway v Messervey, 2014 NSCA 7 ("Laushway"), Justice Saunders upheld a decision ordering production of metadata in the circumstances of a self-employed plaintiff who asserted that his work capacity (i.e. time spent on his personal computer conducting sales) was reduced due to personal injuries sustained in a motor vehicle accident. While this decision specifically considered the Nova Scotia Rules, the factors outlined by Saunders J. may prove influential as other jurisdictions address similar requests for electronic disclosure.