Case Report – Alberta CA corrects a “hybrid” preservation order

On September 22nd, the Alberta Court of Appeal varied an ex parte order that required defendants in a departing employee case to list and compile information and produce it to the plaintiff as a means of preservation. The Court characterized the order as a “hybrid” preservation order – featuring more than a bare direction to preserve and less than authorization to seize. It held that the order was flawed because it required delivery of records directly to the plaintiff without regard for their relevance and potentially privileged status.

KOS Oilfield Transportation Ltd. v. Mitchell, 2010 ABCA 270 (CanLII).


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