Case Report – Request for ultra-broad production order dismissed as a fishing expedition

On January 18th, the Ontario Superior Court of Justice dismissed a motion requesting that a defendant to a wrongful dismissal claim image all computers, mobile handheld devices and other electronic devices for inspection because it had produced an attachment to a single e-mail without the lead e-mail itself.  The defendant claimed the lead e-mail was blank (containing only the attachment) and had long-since been destroyed.  The Court ordered the defendant to use its best efforts to locate the lead e-mail and dismissed the requested order as speculative.

Ritchie v. 830234 Ontario Inc. (Richelieu Hardware Canada Ltd.), 2008 CanLII 4787 (ON S.C.)

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