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.
The Master also held that there was no evidence that the
defendant had failed to disclose any relevant documents. Just
because there were 25,000 hits, it did not mean that any documents
had been improperly withheld. There were no gaps in the documents
and no evidence that any relevant documents were missing. The
Master distinguished Vector Transportation Services Inc. v. Traffic
Tech Inc. et al, [unreported, March 17, 2008] Ont. SC per Perrell
J. on the facts since in that case there was affidavit evidence
that documents were missing and had been deleted.
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