Electronic Self-Help by a Party Litigant Brings the Ultimate Sanction: Case Dismissed

In a recent case in the Ontario Superior Court of Justice, Autosurvey Inc v Prevost et al, the plaintiff (Autosurvey) took the surprising and unusual step of hacking into the server of the defendant (Prevost) while legal proceedings were pending between them. Included in the material to which Autosurvey gained improper access were materials protected by solicitor/client privilege and information unrelated to the litigation. To add to the unusual facts, when the firm of solicitors for Autosurvey learned of the hacking by its client, it did not immediately notify Prevost, his lawyer or the Court. When the facts emerged, the Court took a dim view of the illegal activity by the client and the inaction by the law firm. Not only was the firm of lawyers removed as counsel, the Court stayed the legal proceedings indefinitely, in effect, dismissing the law suit. For the full text of the reasons in Autosurvey Inc v Prevost et al, visit: http://www.canlii.org/on/cas/onsc/2005/2005onsc14779.html Summary by: The Editor