In Laushway v. Messervey, the Nova Scotia Court of Appeal recently established a framework to be applied when a litigant seeks production of electronic information found on an opposing party’s computer. The decision, which was mentioned in an earlier post, recognizes that electronic information may be both directly relevant and also very private, and that courts will increasingly be called upon to address this issue. Although the decision is grounded in Nova Scotia’s procedural rules, the framework established by the Court of Appeal will likely be influential across the country.
Background and the Decision Below
Mr. Laushway, the … Continue Reading