Electronic evidence collection gone bad

David Canton points to an ITBusiness.ca article about how not to gather electronic evidence. A lawsuit was dismissed by an Ontario judge after the plaintiff hacked into the defendant’s computer server while legal proceedings were taking place.

According to David E. Fine, lawyer for the defendant with Gardiner Roberts LLP in Toronto, as cited in the article, (We) couldn’t really find any precedent, so this may be the first case of its kind, where the judge has said you can’t go ahead because of your conduct. The incident was discovered when the plaintiff submitted a DVD – with the materials hacked from the defendant’s server – as evidence in the lawsuit.