What is the test for obtaining a hard drive from a plaintiff’s home computer?
British Columbia, Canada
The following excerpt is from Bishop v. Minichiello, 2009 BCSC 358 (CanLII):
In Pritchard v. Crosfield, 2005 BCSC 1872, the defendant, by notice of motion, sought an order for the production of certain electronic documents. Specifically, the defence sought the hard drive from the plaintiff’s home computer for the purpose of determining a pattern of use, frequency of use, and the types of applications that were accessed.
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