Case Comment on Laushway v Messervey, 2014 NSCA 7: ‘Old evidence law dogs, new technology tricks’

Abstract

Patricia Mitchell and Jennifer Taylor discuss the novel case of Laushway v Messervey, dealing with the production of metadata, in which the Supreme Court of Nova Scotia concluded that the defendant was entitled to production of certain metadata from the plaintiff’s computer, after balancing the defendant’s right to disclosure against protection of the plaintiff’s privacy.

Index words: Canada; Nova Scotia Court of Appeal; evidence; metadata; relevance; production