Candice Chan-Glasgow, Director, Review Services and Counsel
August 7, 2020
In a decision released last month, R. v. Cuffie, 2020 ONSC 4488 (CanLII), the Ontario Superior Court of Justice considered whether the Crown’s disclosure of non-searchable PDFs constitutes “meaningful” disclosure.
The Crown provided disclosure in nine tranches, and each tranche of disclosure was accompanied by a spreadsheet which functioned as a table of contents. The spreadsheet listed the file name of every item disclosed, the folder in which the file was located, and the date the item was disclosed. Approximately 7,000 “written documents” (over 318,600 pages) were disclosed, in addition to over 9,000 audio files, videos, and photographs. … Read More
Despite some initial trepidation, lawyers arbitrating construction cases by teleconference have found the “new normal” to be efficient and cost effective. But the inconveniences associated with face-to-face arbitrations are minuscule compared to the costs and risks associated with the document disclosure process. We need a “new normal” way to request and produce relevant documents in a virtual process.
It’s time to consider a standard, simplified disclosure rule that takes advantage of available technology to improve the outcomes of construction arbitration.
In our experience, many of the pain points associated with the exchange of documents could have been avoided had the parties adopted a mutually agreeable framework at the outset of a matter, and prior to the review and exchange of productions.… Read More
On July 6, 2020, courtrooms in certain locations across Ontario resumed in-person proceedings, and each week, additional courtrooms across the province are continuing to re-open.
However, Chief Justice Morawetz’s July 21, 2020 Notice to the Profession recognizes that not all participants may be comfortable attending a courthouse during the COVID-19 pandemic, and that virtual hearings should be explored when requested.
Counsel and parties facing a request for a virtual hearing should consider Justice Myers’ recent order that an examination for discovery proceed by video conference. Justice Myers wrote in Arconti v.… Read More
Even after de-duplication and some initial culling, it’s not unusual to still be faced with a significant number of electronic records in a given litigation matter.
Tools that help lawyers to “make sense” of a plethora of data and that assist in identifying key records are thus increasingly crucial to efficient and effective eDiscovery. Fortunately, it’s possible to organize your electronic data into smaller buckets of conceptually similar documents. One of the analytic tools that makes this possible is called “concept clustering”.
The concept clustering tool leverages “concepts” by assessing the meaning and context of terms contained within documents and by looking for relationships. … Read More