Our Story

19 Q You received the document right after it was

20 filed?

21 A I don’t know whether it was right after it was

22 filed or not. I — I seem to recall that a

23 document was delivered to our office.

401 Susan Garnier (a Defendant)Cross-exam by Mr. McKendrick

17 Q Okay. Do you recall sending the documents from

18 your records to us in this lawsuit?

19 A I sent you all the documents that I had in my

20 possession and the documents that you forwarded to

21 me. At that time I was doing this — the

22 discovery or the exchange of documents by myself.

23 We didn’t have legal representation. So I sent

24 you everything that you forwarded to me and

25 everything that I had in my possession.

The Garniers had a computer virus in early 2010 which destroyed their data. Their internet provider was not able to retrieve their data, Mrs.Garnier took the computer to Future shop in February 2010 who advised her the computer was damaged and if she purchases a new computer they could restore some of the data from the old computer and create a folder onto the new computer. Future Shop tried to retrieve the data but advised the virus had completely corrupted the files [EXHIBIT 18”].

488 Susan Garnier (a defendant)Re-exam by Mr. Davison

32 Q Mr. Blanchard asked you some questions about meta

33 files and your computer. Can you explain why you

34 didn’t forward the meta information to

35 Mr. Blanchard indirectly or directly?

36 A At the time of my discovery?

37 Q When you were asked.

38 A I only found out the metadata, I guess the

39 information from you.

40 Q Sorry, not what you knew about metadata. Why

41 didn’t you forward the information that

42 Mr. Blanchard was requesting?

43 A I didn’t have it. I had hard copies of it.

44 Q Okay. And why didn’t you have that?

45 A I lost all the data — I had a virus early in —

46 earlier this year, and we lost all the e-mails,

47 all data, all pictures, everything we had on our

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1 computer, on one of the computers.

[BCSC at para 77 – 78] J. Greyell altered, covered up the evidence to incriminate the Garniers.