Requirement To Disclose Relevant Electronic Information Under Civil Procedure Rule 16.09(3) - Velsoft Training Materials Inc. v. Global Courseware Inc., 2012 NSSC 295

The defendants brought a motion to compel further disclosure of electronic information by the plaintiffs. Civil Procedure Rule 16.09(3) requires each party to deliver an affidavit disclosing relevant electronic information. The defendants disclosed almost 70,000 documents, while the plaintiffs disclosed less than 3000 and would not disclose the search criteria they used to compile the documents.

The defendant argued that the parties were obliged to make a good faith effort to use the same search criteria, while the plaintiff argued that they fulfilled their obligations under the Rules. The plaintiff referred to the Sedona Canada Commentary on Proportionality in Electronic Disclosure & Discovery, and case law, noting that a request for further production must be reasonably specific and targeted, with the onus on the requesting party to prove that the specific documents that were not disclosed actually exist. The Court agreed with the plaintiff in this regard but added that the