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Defendant ordered to disclose database field names and rules to aid searching unreadable documents.
In this class proceeding concerning residential day schools, the plaintiffs sought to compel the defendant to disclose database field names and the rules used to populate those fields.
This information was requested to assist in searching the defendant's large document production, which was mostly unreadable by OCR.
The defendant resisted, claiming litigation privilege.
The Federal Court ordered the disclosure, finding that field names and population rules are factual information not protected by litigation privilege, and that principles of economy and proportionality under the Federal Courts Rules require cooperation in electronic discovery.