Case Report – Court orders production of hard drive to neutral expert

Yesterday, the British Columbia Supreme Court ordered a hard drive to be produced to a neutral expert to identify and extract information about the amount of time the plaintiff spends on Facebook between eleven at night and five in the morning. It held that this information met the standard of relevance for production given the plaintiff had claimed that fatigue is preventing him from maintaining employment. It also characterized the scope of the defendant’s request as narrow and suggested the privacy interest of the plaintiff and other users of the (home) computer were resolved by engaging a neutral.

Thank you to Erik Magraken of the ICBC Law blog for posting on this decision first.

Bishop v. Minichiello, 2009 BCSC 358.

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