Case Report – FC orders party to generate and produce an accounting report

15 Sep

In this August 13th decision, the Federal Court rejected a party’s argument that it should not be compelled to create a record that does not exist and ordered it to generate and produce monthly financial statements from its accounting software program. Though the party did not retain copies of the specific reports requested, the Court held it was possible to generate them with minimal burden. For a look at the Ireland Supreme Court case on the issue of creating records, click here.

Thanks to Peg Duncan, keeper of the Canadian E-discovery Case Law Digest, for passing this on.

Shields Fuels Inc. v. More Marine Ltd., 2008 FC 947.

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One Response to “Case Report – FC orders party to generate and produce an accounting report”

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  1. Case Report - Ont. C.A. deals with creating records in Ontario FOI law « All About Information - January 14, 2009

    […] where one has a simple right to a “record in custody or control” (see here, here and here for more).  This case is based on very specific statutory language, but is nonetheless […]

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