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Mondaq reports on a recent Nova Scotia Court of Appeal case on “questions of relevance, proportionality and privacy in the context of whether or not to order the production of electronic information.” Laushway v. Messervey resulted in a court order requiring a plaintiff to produce a hard drive containing metadata for forensic review, and the court has created “a list of factors for judges to consider when deciding whether to grant a production order in similar circumstances,” the report states. Among the factors the court recommends in its list are privacy, balancing, objectivity, discoverability and reliability.
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