Litigation Privilege Revisited

The Supreme Court of Canada recently reviewed the characteristics of litigation privilege in Lizotte v Aviva Insurance Company of Canada [1]

 

In this case, an Aviva claims adjuster, M.B., investigated a fire that damaged the residence of a person insured by Aviva.  M.B. was later accused of making errors in managing the file.  The syndic of the Chambre de l’assurance de dommages opened an investigation with respect to M.B. and requested Aviva’s entire file relating to the insured person’s claim.  The request was based on s. 337 of the Act respecting the distribution of financial products and services (“ADFPS”), which says that insurers “must, at the request of a syndic, forward any required documentation or information concerning the activities of a representative”.… Read More

We’re Hiring eDiscovery Counsel

Job Description

We are looking to add several full-time eDiscovery Counsel to our downtown Toronto team.

 

Offering a competitive compensation and benefits package, candidates must be licensed by, and in good standing with, the Law Society of Upper Canada and have 5+ years litigation and eDiscovery experience.  Familiarity with Relativity, Ringtail or other leading review platforms and analytical tools is required.  Preferred candidates will also have strong analytical and drafting skills, project management and/or quality control training and experience.

 

To be considered for this position candidates must submit their resume with a covering letter that summarizes their experience and that details their interest in eDiscovery to bpel@discoverycounsel.ca.Read More

Heuristica Delivers eDiscovery Course for ILCO

The team at Heuristica Discovery Counsel led by Crystal O’Donnell, CEO and Senior Counsel, will teach the “e -Discovery Advanced Theory & Practices for Litigation Support” course for The Institute of Law Clerks of Ontario (ILCO).

 

The eight-week course is designed for litigation support professionals and law clerks and explores the legal and practical principles of electronic discovery in a legal practice context.  Using the EDRM and the Sedona Canada Principles, the course provides instruction on the issues and tasks underlying each phase of the eDiscovery process.  Emphasizing proportionality and defensibility at every stage the program includes practical information and covers such things as cooperative discovery planning, the supporting evidence required for discovery motions, and the admissibility of evidence.  … Read More

Group Seeks to Harmonize Canada’s eDiscovery Rules

Heuristica’s CEO and Senior Counsel, Crystal O’Donnell, is co-chair of a group of lawyers who wish to harmonize court rules for electronic discovery across Canada. 

 

The group, comprised of lawyers from across the country, is drafting a proposal to submit to The Uniform Law Conference of Canada (ULCC).   “One of the biggest challenges right now is the approach across jurisdictions is very ad hoc and patchwork”, says O’Donnell in the December 5th Focus on E-Discovery issue of Law Times.   “For any organization or corporation dealing with litigation in multiple jurisdictions, the rules are very different and some provinces don’t have any rules yet addressing electronic evidence”.… Read More