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ARTICLE · 27 JUNE 2012

Records Management @ Gowlings: June 18, 2012

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When the plaintiff obtained images of the defendant's computer hard drives through an Anton Piller order, they, rather than the defendants, were obliged to review the images and include the relevant documents in their affidavit of documents.

CanadaMedia, Telecoms, IT, Entertainment
Louis Frapporti
Louis Frapporti
Christopher Purdon
Christopher Purdon
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Legal Technology

CASE LAW

Bell ExpressVu Limited Partnership v. Heeren, 2010 ONSC 665

When the plaintiff obtained images of the defendant's computer hard drives through an Anton Piller order, they, rather than the defendants, were obliged to review the images and include the relevant documents in their affidavit of documents.

The original action had the plaintiff claiming the defendant was trafficking in devices to unlawfully receive satellite television programming signals. When spoliation was anticipated, the court issued an injunction and granted the plaintiff an Anton Piller order. During the execution of the Anton Piller order, a computer forensics company imaged the defendant's computer hard drives and provided full access to the plaintiff. The defendant produced two affidavits of documents during discovery, both of which the plaintiff contended were deficient. To prove that the

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