Disclosure of Electronic Documents in Personal Injury Cases

Did you know that in all cases, including personal injury cases, each party has a legal duty to disclose all documents which are relevant to any issue in the court case. This includes having to disclose any documents held by the party electronically, including saved documents and e-mails. There is disclosure requirements even if you are claiming privilege. Although in such cases, the document itself need be identified and not provided to the opposing party. Any e-mails between you and your lawyer are protected by solicitor client privilege. However, did you know that if you copy someone other than your lawyer with e-mails between you and your lawyer, the privilege can be jeopardized. Always ensure that all communication between you and your lawyer remains solely between the two of you. Marc-Nicholas Quinn, Partner, Plant Quinn Thiele LLP, Ottawa Personal Injury Law Firm.