Heddle v. Canada Post Corporation

Heddle v. Canada Post Corporation

The Tribunal found the Respondent’s affidavit evidence and ESI search inadequate and non-transparent, refused the Respondent’s request to perform a unilateral unsupervised ESI search, and ordered the Respondent to prepare, in consultation with the other parties, a detailed Proposed Plan for ESI searches (custodians, storage sites, search terms, software, de-duplication, privilege process, timelines) to be submitted to the Tribunal for approval, with specified disclosures and affidavits by set deadlines; failure to comply may lead to further remedial measures.

Citation
2024 CHRT 110
Parties
Complainant: Sandra Heddle; Commission: Canadian Human Rights Commission; Respondent: Canada Post Corporation
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
11 October 2024
Procedural Posture
Human Rights Complaint (disability) / Second Interim Ruling on Motion for Documentary Disclosure and ESI
Outcome
Second Interim Ruling: Tribunal denies unilateral unsupervised ESI search by Respondent, finds prior affidavits and search efforts inadequate, orders specific disclosure steps and an approved Proposed Plan for ESI search and production, sets deadlines for filings and keeps motion adjourned pending compliance.
Legal Topics
Documentary Disclosure, Electronically Stored Information (esi), Litigation Hold, Affidavit Admissibility, Procedural Orders, Proportionality
Source Language
English
Administrative Law Human Rights Law E Discovery Employment Law Civil Procedure Documentary Disclosure Electronically Stored Information (esi) Litigation Hold +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 24 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sandra Heddle

Complainant

Canadian Human Rights Commission

Commission

Canada Post Corporation

Respondent

Procedural Posture

Human Rights Complaint (disability) / Second Interim Ruling on Motion for Documentary Disclosure and ESI

Legal Issues

  1. 1 Whether the Respondent complied with disclosure obligations for arguably relevant ESI and emails
  2. 2 Whether the Respondent’s February 2024 ESI search (Faries affidavit) was adequate and sufficiently documented
  3. 3 Admissibility and sufficiency of Graham affidavit evidence based on information and belief

Ratio Decidendi

The Tribunal found the Respondent’s affidavit evidence and ESI search inadequate and non-transparent, refused the Respondent’s request to perform a unilateral unsupervised ESI search, and ordered the Respondent to prepare, in consultation with the other parties, a detailed Proposed Plan for ESI searches (custodians, storage sites, search terms, software, de-duplication, privilege process, timelines) to be submitted to the Tribunal for approval, with specified disclosures and affidavits by set deadlines; failure to comply may lead to further remedial measures.

Court Disposition

Second Interim Ruling: Tribunal denies unilateral unsupervised ESI search by Respondent, finds prior affidavits and search efforts inadequate, orders specific disclosure steps and an approved Proposed Plan for ESI search and production, sets deadlines for filings and keeps motion adjourned pending compliance.

Orders

  • Respondent must make best efforts to produce documentary disclosure requested in the Complainant's November 30, 2023 letter including identifying where arguably relevant documents are stored and conducting a reasonable, effective and proportionate search for ESI on ESI sites (general order).
  • Respondent to produce all documents concerning its practices and policies about access, transfer, retention, storage and destruction of documents, files and ESI for the period relevant to the complaint and identify relevant time periods; file by November 8, 2024.