Velsoft Training Materials Inc. et al. v. Global Courseware Inc. et al. 2012 NSSC 295
Practice - Discovery - What documents must be produced - Computerized documents or electronic data
The defendants were former employees of one of the plaintiffs. The plaintiffs alleged that the defendants had (1) taken proprietary information and used it to compete unfairly; (2) breached their fiduciary duties to their employer and used confidential information pertaining to sales, pricing and items of information in order to solicit customers; and (3) infringed copyright and trademark rights. The plaintiffs obtained an ex parte Anton Piller order authorizing the seizure and copying of computers, hard drives, servers and other data storage accounts and devices. The order was executed. The defendants moved to set aside the order, seeking damages on the basis that the order amounted to an abuse, sullying their reputations, disrupting their lives and interfering with their business.
The Nova Scotia Supreme Court, in a decision reported at (2011), 305 N.S.R.(2d) 232; 966 A.P.R. 232, set aside the order, but declined to award any damages. A number of issues arose regarding the disclosure of electronic information.
The Nova Scotia Supreme Court determined the issues.