Records Management @ Gowlings: November 23, 2011 - Volume 2, Number 7

CASE LAW

Barker v. Barker, [2007] O.J. No. 1555, 157 A.C.W.S. (3d) 274 (S.C.J.)

Issue: Production costs in association with the discovery process; under what circumstances should the plaintiff share in the costs

The plaintiffs in this action brought a claim against the defendants as a result of the treatment they received while in a maximum security division of a mental health facility. The plaintiffs alleged that the treatment they received aggravated their pre-existing medical conditions and had long lasting effects. In order to satisfy their discovery obligations, the defendants proposed to computerize and code the extremely large volumes of patient records at a cost which could range from $160,000 to $383,000. The defendants brought a motion to require the plaintiffs to pay for one-third of these costs. The defendants argued that because the plaintiffs will benefit from the process, they should also share in the costs of achieving it.