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The Federal Court partly granted Amazon Canada’s motion to vary production deadlines under a Competition Act s. 11 order, extending some deadlines to December 15, 2025 but refusing longer extensions.
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.
Source excerpt
The court held that the Leungs’ personal communications with Lawson Lundell were not privileged, ordered a limited Rule 7-5 examination of Frans Lotz, and required Vantown to obtain and produce non-privileged emails from Lawson Lundell.
Appeal dismissed from a master’s order requiring Stage 2 document production under Rule 7-1 in banking-negligence litigation.
The court set interim discovery and preservation deadlines in a complex class action, coordinating with parallel proceedings in Ontario and Québec.
The Federal Court granted the Commissioner’s section 11 written-return orders, with modifications to address burden, response time, and E-production requirements.
Interlocutory discovery ruling in a construction dispute. The court limited broad electronic disclosure, ordered a narrower expert-assisted search, and made several disclosure and discovery directions.
The court dismissed a mistrial application after finding no доказive proof that the plaintiff accessed the defendant’s email account before or during trial.
The court ordered a narrow forensic review of a family computer hard drive to isolate Facebook login/logout records relevant to sleep and wage-loss issues.
The court allowed broad forensic search terms for a hard drive, permitted review of unallocated clusters, and imposed a firewall order limiting disclosure of results.
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