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Canada Case Law

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Employment law 2020 BCSC 567

Ossudallah v. Swiss Consulting Management Ltd.

On a Rule 9-5 application, the court struck pleadings about sexual and financial impropriety from a wrongful dismissal claim, but allowed a later amendment application for sexual battery.

  • Wrongful dismissal
  • Aggravated damages
  • Punitive damages
  • Pleading strike
  • Sexual battery
  • Production of electronic documents
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Civil procedure 2009 BCSC 358

Bishop v. Minichiello

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.

  • Production of electronic documents
  • Hard drive forensic analysis
  • Metadata
  • Relevance and probative value
  • Charter s.8 search and seizure
  • Privilege
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Contract law 2008 BCSC 1211

Adroit Resources Inc. v. Tres-Or Resources Ltd.

The court severed the trial into two stages, limited discovery to the first-stage issues, ordered limited electronic production, and struck the malicious prosecution claim.

  • Severance of trial
  • Contractual release/release clauses
  • Fiduciary duty
  • Negligence
  • Misrepresentation
  • Accounting/constructive trust
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Civil procedure 2004 BCSC 1653

Jorgensen v. San Jose Mines et al

The court ordered conditional production of a litigation database used to compile a document list, treating it as counsel work product, and required a revised chronological list on request.

  • Production of electronic documents
  • Solicitor work product
  • Custodianship of documents
  • Database disclosure conditions
  • Chronological reordering of document lists
  • Allocation and recovery of disclosure costs
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