Spa owner pursues legal action over lost files

Steve
Steve Bartlett
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A St. John's businessman is suing an Ontario-based data retrieval company over some lost computer files.

Paul Madden, who is involved with Spa at the Monastery and numerous other developments, filed a statement of claim against Recovery Force Inc. of Guelph, Ont., late last month.

According to the Supreme Court document, Madden had a computer hard drive problem in July 2008 and was unable to access personal and business files, one of which was related to an ongoing litigation.

Paul Madden

A St. John's businessman is suing an Ontario-based data retrieval company over some lost computer files.

Paul Madden, who is involved with Spa at the Monastery and numerous other developments, filed a statement of claim against Recovery Force Inc. of Guelph, Ont., late last month.

According to the Supreme Court document, Madden had a computer hard drive problem in July 2008 and was unable to access personal and business files, one of which was related to an ongoing litigation.

He searched the Internet and found Recovery Force, a company billing itself as an expert in retrieving information in situations like Madden's.

The firm said Madden would have to ship the computer to Ontario and that the work would cost approximately $1,000.

After advising the company the files on the hard drive were critical, Madden sent his machine to Recovery Force and provided credit card information for payment.

But according to Madden's statement, while working on the computer the company wiped out "certain portions of the hard drive, resulting in the plaintiff losing many personal and business files."

Madden demanded that Recovery Force retrieve the lost files or pay to recreate them.

His court submission says the company has failed to do either.

Madden claims Recovery Force has breached their contract and that he has suffered losses.

He is asking for general and special damages as well as costs.

Recovery Force's statement of defence had not been filed with the Supreme Court as of Friday afternoon.

sbartlett@thetelegram.com

Organizations: Supreme Court, Recovery Force Inc. of Guelph

Geographic location: St. John's, Ontario

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