Court Orders Production of Files in “Usable” Format

On May 24th, the Alberta Court of the Queen’s Bench ruled that, in certain circumstances, meaningful disclosure requires the production of native electronic files.

 

Background and Arguments

In Bard v Canadian Natural Resources,[1] the plaintiffs brought a motion requesting, amongst other things, that the court order the defendants to deliver native Excel spreadsheets. The defendant had provided the data in TIFF image files as agreed to by the parties in the discovery plan. The plaintiffs claimed that TIFFs were not a “usable” format.

 

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