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ARTICLE · 22 APRIL 2013

Rules For Dealing With Any Motion For Production: Sourian v Sporting Exchange Ltd, 2005 CanLII 4938 (ONSC)

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A discussion relating to a case where the plaintiff moved to compel production of electronic data and the defendant moved to secure the plaintiff’s computer and to examine the hard drive.

CanadaLitigation, Mediation & Arbitration
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In this motion, the plaintiff moved to compel production of electronic data and the defendant moved to secure the plaintiff's computer and to examine the hard drive. This action arose because the defendant invalidated a bet placed by the plaintiff and refused to pay the winning award.

The defendant is an English corporation running a website, where individuals can place bets against each other. A Mr. LeBlanc placed two bets at 1000:1 odds on both the over and under of the same basketball game. That meant Mr. LeBlanc was guaranteed to lose $1,000 for every dollar bet. The bets were accepted by the plaintiff within minutes, which meant Mr. LeBlanc would lose US$274,450.  

It was alleged that the plaintiff's husband, employed by Mr. LeBlanc to place bets for him, had placed the above two bets on behalf of Mr. LeBlanc without authorization. The defence also alleged the plaintiff's husband used a computer on Mr. LeBlanc's business premise to accept the bets on behalf of

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