Having said this, I acknowledge there may be cases where it is appropriate for a judge to order production of an entire hard drive for inspection by an expert, where it is apparent that one of the parties is deliberately trying to thwart the discovery process by not disclosing relevant and material information. There must be strong evidence of this, however, that goes beyond mere speculation. As the court noted in Nicolardi v. Daley, [2002] O.J. No. 595, when it considered this question: It is not sufficient for a client to say in the course of a lawsuit, “I believe there are more documents,” or “it appears to me that documents are being hidden.” That would be no more than a fishing expedition. There must be specific evidence of non-disclosure (para. 33)
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