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The defendant on motion sought to inspect a computer in a personal injury claim, but the plaintiff claimed she disposed of it after the litigation began due to a corrupted hard drive. The court in Cerkownyk v. Ontario Place, 2009 CanLII 62065 (ON S.C.) had little patience for the request stating emphatically that the matter was one for consideration at trial. Master Brott stated that “The circumstances leading up to this motion are in my view, a clear example of a proceeding going astray – of not being able to see the forest through the trees.…what is critical is that counsel has sworn that the computer is no longer available. That should be the end of it! The rest is for trial.” The Canadian Lawyers Insurance Association provides loss prevention information solely for the benefit of CLIA insured lawyers. The content and links provided in Loss Prevention eBytes are intended as resources to qualified lawyers who should exercise due care and their professional judgment in adapting or making use of any content.
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