Questions relating to the production of text messages have received a good deal of consideration in Canadian criminal courts, but there is still limited case law on how the issue is dealt with civilly, Toronto civil and commercial litigator Patrick Summers writes in Lawyers Weekly. “The initial duty of a civil litigant is clear. In Imperial Oil v. Jacques  3 S.C.R. 287, in the context of a request for production of wiretap recordings obtained in a prior criminal proceeding, the Supreme Court of Canada observed that the ‘cardinal’ aim of a civil proceeding must be to seek and ascertain the truth, and that the rules of evidence in civil matters exist to allow judges to ‘find out the truth’ and ‘to do justice according to law,’” writes Summers, a partner with Basman Smith LLP.
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