Rethinking Reliability of Digital Evidence

Partner

April 30, 2026

Digital evidence often looks authoritative. A system-generated report, an email chain, a spreadsheet, or a chat export can appear objective and complete. But in litigation, the real question is not whether digital evidence looks reliable. It is whether its reliability can be proven.

As litigation becomes more data-heavy, and as AI-generated or AI-assisted content becomes more common, the reliability of digital evidence deserves closer attention. A digital record is not trustworthy simply because it looks technical, precise, or system generated. Its reliability depends on the system that created it, the controls that preserved it, and the surrounding information that allows it to be tested.… Read More

Deepfakes and the Evolving Duties of eDiscovery Counsel

Martin Felsky

Senior Counsel

April 28, 2026

The long-standing view that electronic discovery and disclosure can be treated as purely procedural or technical exercises distinct from the law of evidence is no longer tenable. That position was already difficult to sustain in an era of emails and databases. It becomes untenable in the age of synthetic media.

E-discovery (and here I use the term broadly to include disclosure in criminal and regulatory procedure) is about shaping the evidentiary record. What is preserved, collected, filtered, and produced defines what may ultimately be tendered in court. A small but critical subset of that material will be relied upon as evidence.… Read More

Heuristica Discovery Counsel to Participate in the 2026 E-Discovery, Information Governance and Privacy Program

Heuristica Discovery Counsel LLP is honoured to participate in the 2026 Osgoode Certificate in E-Discovery, Information Governance and Privacy Program.

In an environment where data volumes and regulatory expectations continue to grow, effective E-Discovery requires a careful balance of legal insight, technological capability, and operational rigor. Programs such as this play an important role in equipping practitioners with the tools and perspectives necessary

to address these evolving challenges.

On April 29, Heuristica team members will contribute their expertise to two panel discussions:

Crystal O’Donnell, Founder and Managing Partner

Panel: E-Discovery Responses to Regulatory Requests, Internal Investigations and Public Inquiries

Candice Chan-Glasgow, Senior Counsel

Panel: E-Discovery Project Management/Role of Project Management in e-Discovery/ Steps in Managing an e-Discovery Project: The Practical Checklist.… Read More

Heuristica Sponsors The Advocates’ Society Annual Alberta Gala in Calgary

Heuristica Discovery Counsel is pleased to continue its long-standing support of the Annual Alberta Gala, taking place on April 30.

This much-anticipated evening brings together the Alberta Bench and Bar for a cocktail reception, dinner, and an after party at Hudson—offering a welcome opportunity to connect, reflect, and celebrate. A highlight of the program will be the presentation of the Alberta Excellence in Mentoring Award,

recognizing those who have made a lasting impact on the profession.

We look forward to an engaging evening of meaningful conversations and shared experiences.

To find out more about the event, or to register, please go to the The Advocates’ Society website.… Read More

Heuristica Sponsors the 2026 Concours Laskin Moot

Heuristica is again pleased to sponsor the Laskin, Canada’s only annual national bilingual moot court competition.

The Laskin, celebrating its 40th Anniversary, is an annual moot court competition that deals with Canadian administrative and constitutional law issues. The competition is named in memory of one of Canada’s greatest legal scholars and jurists, the late Chief Justice Bora Laskin.

The Laskin provides a unique opportunity for law students, judges, law professors and practitioners from across Canada to meet and debate problems of current importance in the law. Its goals are to:

foster a better and deeper understanding of the law
support and encourage legal education and bilingualism
promote in the legal community a spirit of cooperation and understanding that transcends linguistic and provincial boundaries

Every year, the Laskin features a problem that is concerned with issues of national interest and social importance. … Read More

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