Efforts to establish harmonized civil procedure rules that govern a uniform approach to eDiscovery across Canada are underway with the Uniform Law Conference of Canada (ULCC), Toronto eDiscovery lawyer Crystal O’Donnell tells The Lawyer’s Daily.
The ULCC working group, which began in 2016, is drafting the proposed civil procedure rule, with the hope the rules will be implemented across all jurisdictions, says O’Donnell, founder and CEO of Heuristica Discovery Counsel.
“We needed a rule in Canada, and we needed harmonization because some provinces don’t have any eDiscovery rules and the ones that do are different,” she says. “For companies that are dealing with litigation across the country — think of all our national corporations, the federal government — it is becoming increasingly more difficult to take a standard approach in civil litigation. Then you add arbitrations and tribunals on top of it and everybody is doing things differently.”