Nova Scoita Court of Appeal Orders Metadata Production

Posted by John T. Rafferty, Q.C. on 5 March 2015

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The Nova Scotia Court of Appeal has recently ordered an injured party to provide the metadata from the hard drive on his personal computer to the defendant. In Laushway v Messervey, the plaintiff was injured in a motor vehicle accident, which he claimed reduced the time he was able to use a computer for his self-employed business. The defendant brought a motion to have the plaintiff produce the metadata from his hard drive for analysis to determine the plaintiff's usage pattern. The plaintiff, citing concerns, appealed the production order granted by the motions judge.

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When Private Becomes Public

Posted by Stacey England on 2 March 2015

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The recent Nova Scotia Supreme Court decision, Conrod v Caverley, has offered guidance on when the court will order a plaintiff to release the contents of their private Facebook profile. 

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Nova Scotia Supreme Court Denies Application for Advance Payment

Posted by Mike Brooker, Q.C. on 25 August 2014

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In a decision released August 7, 2014, the Nova Scotia Supreme Court denied an application for an advance payment to a party who was injured in a December 10, 2011 motor vehicle pedestrian accident even though the driver admitted liability for the accident and previous voluntary advance payments totaling $15,000 had been made.

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Nova Scotia Supreme Court Awards Damages for PTSD

Posted by Mike Brooker, Q.C. on 10 April 2014

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In March 2014, the Supreme Court of Nova Scotia (in Trenholm v. H & C Trucking Ltd) awarded damages to a woman who was present and witnessed a motor vehicle / pedestrian accident in which one of her friends was killed and another injured. The decision was one of the first of its kind in Nova Scotia.

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