From Lemonade Stand to Heuristica Discovery Counsel

Pamela Fontaine-Peters

Director, Litigation Support and Senior Law Clerk

March 2, 2017

 

I am thrilled to be an “official” member of the team at Heuristica Discovery Counsel in my new role of Director of Litigation Support.

I’ve worked in the legal industry for almost 25 years as a law clerk, certified trainer and eDiscovery consultant.  Working at Heuristica allows me to use all of my technical skills and draw on my clerking experience.  I look forward to meeting the challenges of this exciting position.

 

I have always loved technology.  I was introduced to computers in public school playing a computer card program called Lemonade Stand. … Read More

Litigation Privilege Revisited

Author: Candice Chan-Glasgow, January 26, 2017

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

Microsoft Wins Landmark Overseas Warrant Case

The US Court of Appeals for the 2nd Circuit recently ruled on the highly-anticipated ‘Microsoft Ireland’ case. In a unanimous ruling, the three-judge panel found in favour of Microsoft, which was challenging a warrant for the search and seizure of data held on an Irish server.

 

In 2013, the United States District Court for the Southern District of New York issued the US Department of Justice a warrant under the Stored Communications Act (SCA). The Department of Justice believed that an email account hosted by Microsoft contained important information about a narcotics investigation. Microsoft provided relevant information held on US servers, but refused to produce the emails held in Ireland.… Read More

Failure to Preserve Results in Costly Review of Backup Tapes

“This litigation has been exceptional in its breadth, venom and expenses.” ­– Justice Turnbull

 

In Verge Insurance Brokers v. Richard Sherk et al., 2016 ONSC 4007, the defendants brought a motion seeking an order compelling the plaintiff to produce and review 66 backup tapes. The plaintiff objected on the grounds of proportionality and provided evidence that the exercise would cost an estimated $300,000.

 

Justice Turnbull ordered the plaintiff to restore and review the 66 backup tapes, despite the estimated cost of at least $300,000. Turnbull J., recognizing the exceptional cost, also made the point that had the plaintiff complied with an earlier order of the court, and properly preserved the relevant information, the motion would not have been necessary.… Read More