CANADIAN CASE LAW ON DISCOVERY OF COMPUTER HARD DRIVES

Canadian courts have considered the question of whether computer hard drives should be subject to discovery requests. The general tendency is to not require production of a hard drive on a routine basis, but rather to require such production only when the information stored on a hard drive is relevant and cannot be obtained through the ordinary production of documents.

The following questions have been addressed in this article:

What analogy has been used by the courts when determining whether a computer hard drive should be produced on discovery?
How has the above analogy been applied by the Canadian courts?
What implications result from the rulings concerning production of hard drives?

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