Are Search Terms Producible?

Are Search Terms Producible?

Vladyslav (Vlad) Strashko



August 12, 2021


The Ontario Superior Court recently had to address an interesting question: “Are the search terms used to identify relevant documents producible?”


In Falsetto v. Salvatore Fillipo Falsetto a.k.a. Sam Falsetto et al., 2021 ONSC 4168 (CanLII), the plaintiff asked the defendant to disclose search terms used to identify documents relevant to the litigation.  In making this request the plaintiff relied on Rule 29.1 regarding the parties’ duty to update the discovery plan and the requirement that the parties have regard to the Sedona Canada Principles Addressing Electronic Discovery when dealing with the discovery plan. … Read More