Amazon Canada Decision – Ten Lessons to be Learned

Senior Counsel

January 20, 2026

Large-scale production orders are no longer exceptional. What is surprising is how often sophisticated litigants underestimate what courts now expect when those orders arrive. The Federal Court’s recent decision in Commissioner of Competition v Amazon.com.ca ULC, 2025 FC 1782, arises in a competition-law investigation under the Competition Act. But it would be a mistake to read it as confined to that regulatory context. The Court’s reasoning reflects expectations that increasingly apply across complex civil litigation, particularly cases involving large-scale electronic production. In substance, this is a decision about modern litigation discipline.… Read More

Why PDFs Can Sink Your Case – Preserving Individual Emails the Right Way

Martin Felsky

Senior Counsel

September 15, 2025

The portable document format (PDF) was a breakthrough for the legal profession. It allowed lawyers to share contracts and pleadings in a consistent, easily readable format regardless of the software used to create them. For preserving the appearance of a document, PDF remains an excellent tool.

However, litigation is not only about appearance. It is about substance, history, and context. When a document, especially an email, is converted into PDF, critical metadata is stripped away. That metadata can include the creation date, transmission details, recipients, and other fields that may prove vital to a case.… Read More

Reconsidering the Presumption of Reliability for Digital Evidence in Canadian Law – A Cautionary Reflection on the UK Horizon Scandal

Martin Felsky

Senior Counsel

The Canadian legal framework for the admissibility of electronic evidence is grounded in a presumption that digital records generated or stored by a functioning electronic system are reliable. Codified in sections 31.1 to 31.8 of the Canada Evidence Act (CEA), this presumption was introduced in 2000 to accommodate the growing volume of digital records and to promote efficiency in legal proceedings.

Read More

Rethinking eDiscovery – From Risk Management to Ethical Design in the Age of Generative AI

Martin Felsky

Senior Counsel

August 8, 2025

For the past decade, lawyers adopting best practices in technology-assisted review (TAR) have been guided by one overriding concern: defensibility. Their workflows were built to withstand judicial scrutiny as prescribed by the rules, case law and the Sedona Canada Principles.

That risk-averse approach serves its purpose. But it also entrenches a mindset that treated technology as a liability to be justified rather than as a capability to be unleashed. Today, generative AI invites us once again to shift our professional perspective from defensive compliance to proactive ethical design.

Beyond Defensibility: Toward Trustworthy AI Systems

In the world of generative AI, “defensibility” will no longer need to be treated as a constraint.… Read More

NATIONWIDE – CANADA: An introduction to eDiscovery

Kelly Friedman

Chief Legal Data Intelligence Office and Senior Counsel

This overview was recently prepared by Heuristica for inclusion in Chambers & Partners’ 2025 Litigation Support Guide released in June 2025.

Canadian Perspectives on Global eDiscovery Trends and Emerging Best Practices

In 2025, legal teams worldwide are navigating increasingly complex eDiscovery demands fueled by rapid technological advances, diverse data sources, and changing regulatory requirements. This article examines international developments through the prism of Canada’s legal, regulatory, and technological landscape, and outlines future trends that will define the next phase of electronic disclosure in Canada.

Canadian eDiscovery Law and Best Practices

Canadian civil eDiscovery obligations emerge from a layered legal framework of provincial rules of court, court practice directions, judicial interpretation, and national best practice guidelines.… Read More

« Previous