O’Donnell and Felsky Recognized as Leading eDiscovery Practitioners

Who’s Who Legal has once again identified Crystal O’Donnell, the firm’s founder and CEO, and Martin Felsky, Senior Counsel, as leading eDiscovery practitioners in Canada in their Who’s Who Legal Canada 2020 Directory.

Who’s Who Legal Canada “this year recognizes 26 e-discovery practitioners who rank highly for their field-leading expertise in the identification, collation and analyses of electronic data for preparation as evidence and for their skillful development of strategies for clients”.

The directory says that “Crystal O’Donnell of Heuristica receives plaudits as a ‘remarkably innovative and entrepreneurial e-discovery expert'”.

O’Donnell and Felsky are recognized for their achievements alongside only 22 other lawyers and 2 eDiscovery experts. … Read More

Heuristica Participates in OBA’s Judicial Competencies Program

Lynne Vicars chaired and moderated the “Basics of Judicial Decision Writing” session.

Lynne, Heuristica’s Chief Innovation & Strategy Officer and Senior Counsel, was the Program Chair and moderated the session on the Basics of Judicial Decision Writing, which was one of eight sessions that make up the Ontario Bar Association’s (OBA) Foundations in Judicial Competencies Certificate Program.

This new OBA certificate program was designed to help attendees understand what to expect from the judicial selection process and build a solid foundation of the skills and core competencies fundamental to any adjudicative role.

The certificate program was made up of the following eight online sessions:

Session 1 – The Judicial Application and Appointment Process

Session 2 – Judicial Independence, Integrity and Diligence

Session 3 – Equality and Impartiality

Session 4 – Overturned: Insights from Appeals Court Judges

Session 5 – Exploring Unconscious Bias, Raising Awareness and Cultural Sensitivity

Session 6 – Managing the Courtroom: Setting the Stage, Interactions with Counsel and Witnesses

Session 7 – Basics of Judicial Reasoning

Session 8 – Basics of Judicial Decision Writing

Upon completion of all eight sessions, attendees are presented with a Certificate in Foundations in Judicial Competencies.… Read More

Heuristica Discovery Counsel Becomes RelativityOne Silver Partner

Heuristica extends its commitment to RelativityOne by becoming the world’s first law firm to achieve Silver Partner status.

Toronto, Ontario – September 11, 2020 – Heuristica Discovery Counsel LLP, Canada’s only independent, national law firm focused on electronic discovery (eDiscovery), evidence management, and related legal services, today announced that it has become a RelativityOne Silver Partner for providing exceptional service experience to its RelativityOne end users.

Heuristica is in the unique position of being the only independent Canadian national law firm with a practice dedicated to electronic evidence management and is known for its innovative approach to eDiscovery. It provides a full range of eDiscovery counsel, electronic evidence collection, hosting, review and production services. … Read More

U.S. Court Shifts eDiscovery Costs to Plaintiff

Candice Chan-Glasgow, Director, Review Services and Counsel

August 28, 2020

In a rare cost shifting order out of the United States, Lawson v. Spirit Aerosystems (D. Kan. June 18, 2020), the Kansas District Court granted defendant, Spirit Aerosystems, Inc’s motion to shift the costs of a technology-assisted review to the plaintiff, Larry A. Lawson. This case is a helpful reminder to litigants that the eDiscovery process must be proportionate to the needs of the case and that pursuing unnecessarily broad requests can lead to cost consequences.

Lawson is Spirit’s former CEO who retired on July 31, 2016. … Read More

Court of Appeal Weighs-in on Relevance and Privilege

Candice Chan-Glasgow, Director, Review Services and Counsel

August 20, 2020

A recent Court of Appeal of Alberta decision, Tolton v Tolton, 2020 ABCA 218, provides a helpful reminder on the law of relevance and waiver of privilege.

Betty Tolton and Elwood Tolton separated in 1990, and Betty filed for divorce in 2002. The Toltons entered into minutes of settlement in 2007 which contained a provision indicating that Elwood was required to disclose further information related to a dispute about certain assets and accounts receivable. In 2008, Betty filed an application seeking disclosure of the items listed in the minutes of settlement. … Read More