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ARTICLE · 22 MAY 2013

Mathieson v. Scotia Capital Inc., 2008 CanLII 45409 (ONSC)

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A discussion on a recent case where the plaintiff argued that e-mails between 8 identified principals of the employer which mentioned his name should be produced.

CanadaLitigation, Mediation & Arbitration
Louis Frapporti
Louis Frapporti
Christopher Purdon
Christopher Purdon
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This matter involved the termination of an employee and allegations of bad faith against the former employer. The plaintiff argued that e-mails between 8 identified principals of the employer which mentioned his name should be produced. In answering an undertaking, the defendant searched the e-mails of those 8 principals for the plaintiff's name, resulting in 25,000 hits. The defendant produced 27 of those e-mails, while the plaintiff wanted all 25,000.

Master Sproat dismissed the motion and awarded $1500 in costs to the defendant. The Master held that the rules and principles applicable to electronic discovery did not apply since all of the documents in dispute could be printed in hard copy.

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