Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Laushway v. Messervey, 2013 NSSC  47

 

Date:  20130208

Docket:  Hfx No. 284264

Registry: Halifax

 

Between:

Peter Laushway

Plaintiff

 

v.

 

Albert Messervey and Sobeys Group Inc.

Defendants

 

 

LIBRARY HEADING

 

 

Judge:             The Honourable Justice M. Heather Robertson

 

Heard:                        June 11 and November 6, 2012, in Halifax, Nova Scotia                 

 

Decision:                     February 8, 2013        

 

Subject:                      Disclosure order sought by defendants for a copy of the plaintiff=s hard drive to conduct a metadata analysis to determine computer usage patterns.  Civil Procedure Rule 16.                  

 

Summary:                  The plaintiff injured in a motor vehicle accident claims loss of income as he is unable to spend as much time running his internet business as a result of the injuries sustained in the MVA.

 

Issue:                          Relevance of the requested disclosure and weighing of privacy interests of plaintiff and third parties who used the computer.                               

 

Result:                        The request for hard drive disclosure and the metadata analysis is appropriate and logically relevant to the plaintiff claim for loss of income.  The Court is satisfied procedures will be employed to address privacy issues.

 

 

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