721 Raymond Hunter (a Third Party)Cross-exam by Mr. Davison
1 Q Have you ever seen the statement of defence in
2 this matter?
3 A I believe that a statement of defence was
4 delivered to us.
5 Q And when did you see that?
6 A Well, as I said, I don’t have the document in
7 front of me.
8 Q Do you recall when you first saw that the — the
9 statement of defence was — in this matter was
10 given to you?
11 A No. It’s possible that it would have been 2007,
19 Q You received the document right after it was
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
1 computer, on one of the computers.
[BCSC at para 77 – 78] J. Greyell altered, covered up the evidence to incriminate the Garniers.