Leave For Appeal Denied in Computer Hard-drive Disclosure Case
In April of this year the BC Supreme Court ordered that a Plaintiff involved in a Brain Injury Claim from a BC Car Crash “produce for inspection by an independent expert a duplicate copy of his computer hard-drive and that the expert prepare a report identifying the number, nature, and time for all files relating to the use of the plaintiff’s Facebook account between the hours of 11:00 p.m. and 5:00 a.m., dating from July 23, 2005 to the present.” (Click here to read my post summarizing the trial decision).
The Defendant in this case sought greater disclosure including “production of information (from the Plaintiff’s computer hard drive) regarding the number, nature and time of the information files that related to the Plaintiff’s Hotmail account and all other computer activity occurring between the hours of 11:00 pm and 5:00 am.” This application was dismissed by the Chambers Judge.
The Defendant asked the BC Court of Appeal permission to appeal this order arguing that such information would have been relevant in assessing the Plaintiff’s brain injury claim and that the Judge failed to turn his mind to the application properly.
The Court of Appeal refused to hear the appeal holding that the sought order was not supported by the evidence, specifically the Court of Appeal held as follows:
 At the plaintiff’s examination for discovery, he testified that he communicated with a friend on Facebook at night. He also testified that he does have a Hotmail account but he had not “checked it forever”. His mother testified that if anyone used the computer after 11:00 p.m. on weekdays, it would be the plaintiff (as opposed to other family members), and that he would probably be on the computer most nights.
 In the psychiatric assessment dated March 10, 2008, the plaintiff had apparently reported to his psychiatrist as follows:
[H]is sleep varies with the time one of his friends goes to bed. This is because he spends a lot of time on Facebook chatting with this friend.
 I conclude that this appeal is prima facie without merit. It is true that the chambers judge did not explain his reasons for dismissing that part of the application that is the subject of the appeal, but having reviewed the evidence that was before the chamber judge, it does not appear to me there was an evidentiary foundation for the request for the electronic records of his computer usage beyond Facebook. Any other usage, such as was suggested in the argument before me (that the plaintiff may be using gaming websites or other such websites late into the night), appears to be somewhat speculative.
 I dismiss the application for leave to appeal.
You can read the full judgement by clicking here (Bishop v. Minichiello)
Unfortunately the Court of Appeal did not highlight any factors which will be of use in considering when applications for computer hard drives will be meritorious in personal injury claims. With more and more information being stored on computers these days, however, such applications will become more frequent and it will only be a matter of time before the Court of Appeal has a chance to weigh in on this important issue.
bishop v. minichiello, brain injury claim, Computer Hard-drive, facebook, icbc injury claims, privacy, Production of Documents
I just want to tell you that I am just new to blogs and seriously enjoyed you’re page. Most likely I’m want to bookmark your blog . You definitely have superb well written articles. Thanks for sharing with us your website page.
I think this is one of the most vital information for me. And i am glad reading your article. But should remark on some general things, The site style is great, the articles is really excellent : D. Good job, cheers
Can I simply say what a relief to seek out somebody who truly is aware of what theyre speaking about on the internet. You definitely know the way to convey a problem to mild and make it important. More folks must learn this and understand this facet of the story. I cant imagine youre no more well-liked because you positively have the gift.
fotograf slubny Wadowice
What’s Happening i am new to this, I stumbled upon this I have found It positively helpful and it has helped me out loads. I hope to contribute & assist other users like its aided me. Good job.
It is in point of fact a great and useful piece of info. I am satisfied that you shared this helpful info with us. Please keep us informed like this. Thank you for sharing.
I’ll right away seize your rss feed as I can not in finding your e-mail subscription hyperlink or newsletter service. Do you have any? Kindly let me realize in order that I may subscribe. Thanks.
venta por catalogo
F*ckin’ awesome issues here. I’m very satisfied to see your article. Thanks a lot and i am having a look ahead to contact you. Will you kindly drop me a e-mail?
marcel van hooijdonk
Hi, i feel that i noticed you visited my weblog thus i got here to “return the choose”.I’m trying to find issues to enhance my website!I guess its adequate to use some of your ideas!!
I’m impressed, I must say. Actually rarely do I encounter a weblog that’s each educative and entertaining, and let me inform you, you might have hit the nail on the head. Your concept is excellent; the difficulty is one thing that not enough persons are talking intelligently about. I’m very happy that I stumbled throughout this in my seek for something regarding this.
Fantastic beat ! I would like to apprentice while you amend your website, how could i subscribe for a blog site? The account aided me a acceptable deal. I had been tiny bit acquainted of this your broadcast provided bright clear concept
I conceive this web site has got some rattling fantastic information for everyone :D. “Nothing great was ever achieved without enthusiasm.” by Ralph Waldo Emerson.
Hello there, You have done a great job. I will definitely digg it and personally recommend to my friends. I’m sure they will be benefited from this web site.
Underground Elephant San Diego
This really answered my problem, thank you!
Hello there, You’ve performed a great job. I’ll definitely digg it and in my view recommend to my friends. I am sure they will be benefited from this site.
agen poker online
Thank you for some other informative site. The place else may just I am getting that kind of information written in such an ideal way? I have a venture that I’m just now working on, and I have been at the look out for such info.
location de porsche
Hi there, just became aware of your blog through Google, and found that it is truly informative. I am gonna watch out for brussels. I’ll be grateful if you continue this in future. Numerous people will be benefited from your writing. Cheers!
agen poker online
I’m still learning from you, but I’m improving myself. I definitely liked reading everything that is posted on your blog.Keep the aarticles coming. I liked it!
Whats up this is somewhat of off topic but I was wondering if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding experience so I wanted to get guidance from someone with experience. Any help would be greatly appreciated!
Fantastic items from you, man. I have bear in mind your stuff prior to and you are just too wonderful. I really like what you have received right here, really like what you are stating and the best way by which you are saying it. You’re making it entertaining and you continue to take care of to stay it smart. I can not wait to learn much more from you. That is actually a terrific site.
מצלמות אבטחה לעסק
Only a smiling visitant here to share the love (:, btw great layout.
I would like to thnkx for the efforts you’ve put in writing this web site. I’m hoping the same high-grade web site post from you in the upcoming as well. In fact your creative writing abilities has encouraged me to get my own website now. Actually the blogging is spreading its wings quickly. Your write up is a good example of it.
Online Marketing Manager Wien
Iím impressed, I need to say. Really rarely do I encounter a blog thatís each educative and entertaining, and let me let you know, you’ve hit the nail on the head. Your concept is excellent; the problem is one thing that not sufficient individuals are talking intelligently about. I am very blissful that I stumbled across this in my search for something referring to this.
I really wanted to compose a brief note in order to thank you for all of the remarkable techniques you are writing here. My prolonged internet search has finally been compensated with good points to go over with my company. I ‘d say that we website visitors are truly fortunate to live in a remarkable site with many lovely people with interesting tactics. I feel pretty blessed to have encountered the webpages and look forward to tons of more brilliant moments reading here. Thanks a lot once more for everything.
Thanks for the good writeup. It in fact was a enjoyment account it. Look advanced to far brought agreeable from you! By the way, how can we keep in touch?
I’m also commenting to let you be aware of of the outstanding experience our girl enjoyed reading your blog. She noticed some things, most notably how it is like to possess an excellent helping heart to let the others just gain knowledge of a variety of very confusing things. You really did more than her expected results. Thanks for imparting the useful, healthy, revealing and as well as unique thoughts on the topic to Lizeth.
Best Porn List
Left till here away at to whom past. Feelings laughing at no wondered repeated provided finished. It acceptance thoroughly my advantages everything as. Are projecting inquietude affronting preference saw who. Marry of am do avoid ample as. Old disposal followed she ignorant desirous two has. Called played entire roused though for one too. He into walk roof made tall cold he. Feelings way likewise addition wandered contempt bed indulged.
I’ve been browsing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my opinion, if all site owners and bloggers made good content as you did, the web will be much more useful than ever before.
затворы sung do
Hello! This is my 1st comment here so I just wanted to give a quick shout out and tell you I truly enjoy reading your articles. Can you suggest any other blogs/websites/forums that cover the same topics? Many thanks!
I would like to convey my passion for your generosity in support of people who have the need for help on the area of interest. Your real dedication to getting the solution all-around turned out to be certainly informative and have without exception permitted women much like me to get to their goals. Your useful key points signifies a lot to me and even more to my office workers. With thanks; from everyone of us.
You actually make it seem so easy with your presentation but I find this topic to be really something which I think I would never understand. It seems too complex and extremely broad for me. I’m looking forward for your next post, I’ll try to get the hang of it!
You really make it appear really easy together with your presentation but I to find this topic to be really one thing that I think I’d by no means understand. It seems too complex and very extensive for me. I’m looking ahead for your subsequent put up, I will attempt to get the cling of it!
hello there and thanks to your info – I have definitely picked up anything new from proper here. I did then again expertise some technical issues the usage of this web site, as I skilled to reload the web site lots of times prior to I may just get it to load correctly. I have been considering in case your web host is OK? No longer that I am complaining, but sluggish loading circumstances instances will sometimes affect your placement in google and could injury your high-quality ranking if advertising and ***********|advertising|advertising|advertising and *********** with Adwords. Well I’m including this RSS to my e-mail and could glance out for a lot more of your respective fascinating content. Ensure that you update this once more very soon..
I would like to get across my admiration for your generosity in support of those who should have help on this particular content. Your very own dedication to passing the message all through appears to be incredibly beneficial and have always helped most people much like me to get to their goals. Your entire insightful hints and tips indicates much a person like me and even more to my office colleagues. Thanks a lot; from each one of us.
lifeguard classes near me
I was suggested this web site by my cousin. I’m not sure whether this post is written by him as nobody else know such detailed about my problem. You’re amazing! Thanks!
I have been absent for a while, but now I remember why I used to love this blog. Thanks, I’ll try and check back more frequently. How frequently you update your site?
Wonderful goods from you, man. I have understand your stuff previous to and you are just extremely excellent. I actually like what you’ve acquired here, certainly like what you’re stating and the way in which you say it. You make it enjoyable and you still take care of to keep it smart. I can’t wait to read much more from you. This is really a wonderful site.
I have been absent for some time, but now I remember why I used to love this blog. Thank you, I¡¦ll try and check back more frequently. How frequently you update your website?
I intended to draft you a tiny remark to say thanks a lot as before about the spectacular views you have shared at this time. It’s really unbelievably open-handed of people like you to make freely all that a few individuals could have offered as an e book to make some profit for their own end, precisely seeing that you could have tried it in case you wanted. Those smart ideas also acted as the good way to be certain that some people have the identical dreams much like my very own to realize a good deal more pertaining to this problem. I’m certain there are millions of more pleasant sessions up front for those who read carefully your blog.
As soon as I noticed this site I went on reddit to share some of the love with them.
Pretty section of content. I just stumbled upon your weblog and in accession capital to assert that I acquire in fact enjoyed account your blog posts. Anyway I’ll be subscribing to your augment and even I achievement you access consistently fast.
watch game of thrones online free
Thanks for the good writeup. It in truth was a amusement account it. Glance advanced to far brought agreeable from you! By the way, how could we communicate?
Wow! This can be one particular of the most useful blogs We’ve ever arrive across on this subject. Actually Excellent. I am also a specialist in this topic so I can understand your hard work.
I do believe all the ideas you have offered for your post. They are really convincing and will certainly work. Still, the posts are too quick for novices. Could you please lengthen them a bit from subsequent time? Thanks for the post.
I gotta bookmark this website it seems handy very beneficial
Outstanding post but I was wanting to know if you could write a litte more on this topic? I’d be very grateful if you could elaborate a little bit more. Cheers!
But wanna comment that you have a very nice website , I like the design and style it really stands out.
Unquestionably believe that which you stated. Your favorite reason seemed to be on the internet the easiest thing to be aware of. I say to you, I certainly get annoyed while people consider worries that they just don’t know about. You managed to hit the nail upon the top and also defined out the whole thing without having side effect , people could take a signal. Will likely be back to get more. Thanks
judi bola online
Great web site. Plenty of helpful info here. I’m sending it to a few buddies ans additionally sharing in delicious. And naturally, thanks in your sweat!
I have been absent for a while, but now I remember why I used to love this blog. Thanks , I will try and check back more often. How frequently you update your website?
I’ve recently started a website, the info you offer on this web site has helped me tremendously. Thanks for all of your time & work.
Nice read, I just passed this onto a colleague who was doing some research on that. And he actually bought me lunch because I found it for him smile Thus let me rephrase that: Thank you for lunch!
I simply couldn’t go away your site before suggesting that I extremely enjoyed the usual info an individual supply on your visitors? Is gonna be back regularly in order to check up on new posts
Tworzenie Stron Internetowych Gorzow
What i don’t realize is in truth how you’re no longer really a lot more well-favored than you may be right now. You’re very intelligent. You understand therefore considerably in terms of this matter, made me personally consider it from numerous numerous angles. Its like men and women aren’t interested unless it is something to accomplish with Lady gaga! Your own stuffs great. Always deal with it up!
Hi, I think your blog might be having browser compatibility issues. When I look at your blog site in Opera, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, very good blog!
Merely wanna remark that you have a very nice internet site , I the design it really stands out.
Hello just wanted to give you a quick heads up. The words in your content seem to be running off the screen in Ie. I’m not sure if this is a formatting issue or something to do with web browser compatibility but I figured I’d post to let you know. The layout look great though! Hope you get the problem solved soon. Many thanks
I do love the manner in which you have presented this particular matter plus it does indeed give me a lot of fodder for thought. However, coming from what precisely I have observed, I simply just hope as other commentary pile on that people today keep on point and in no way embark upon a soap box associated with some other news of the day. Yet, thank you for this fantastic piece and while I can not really concur with it in totality, I regard the viewpoint.
Comments are closed.