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Courts send a message on texting

Thursday, May 26, 2016 @ 8:00 PM | By Patrick Summers

Smart phones are ubiquitous these days, but how are civil courts in Canada dealing with the issues relating to the production of text messages? Is there a carve-out available contrary to the usual duty in a civil litigation proceeding to produce all that is relevant because of privacy issues that exist with texts?

The initial duty of a civil litigant is clear. In Imperial Oil v. Jacques [2014] 3 S.C.R. 287, in the context of a request for production of wiretap recordings obtained in a prior...