Leveraging Concept Clustering in eDiscovery

Leveraging Concept Clustering in eDiscovery

Candice Chan-Glasgow, Director, Review Services and Counsel, and Catia Amorim, Associate


March 4, 2019


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

The Limitations of Keywords

The Limitations of Keywords

Candice Chan-Glasgow

Director, Review Services and Counsel

February 5, 2019


A high-profile case making headlines again this week illustrates the frailties of relying on keyword searching alone when searching for relevant documents in any document review project.


Vice-Admiral Mark Norman was charged last year with breach of trust for allegedly leaking government secrets, and his legal team sought a court direction to obtain thousands of previously undisclosed government documents needed to defend him.


According to an article published by the Globe and Mail, Norman’s lawyers presented the court with evidence that his case was referred to by officials within the Department of National Defence using various codenames.  … Read More

Technical document production struggles will not excuse undue delay

Technical document production struggles will not excuse undue delay

Wendy Cole

Director, Project Management and Counsel

October 1, 2018


The October 2017 decision of Master Graham in 683153 Ontario Limited et al. v. The Manufacturers Life Insurance Company et al. , 2017 ONSC 6024 (CanLII) serves as a cautionary tale for both counsel and clients who are unfamiliar with the complexities of producing discovery documents in electronic format.


Although this was an extreme case of delay, it stands for the broader principle that litigants cannot rely on complexity, costs and eDiscovery problems to excuse them from pursuing the case in an expeditious manner and in compliance with the timelines set out under the rules, particularly when those problems are the result of inexperience of counsel in managing large electronic productions.… Read More

Court Orders Non-Parties in Parallel Action to Produce Documents

Court Orders Non-Parties in Parallel Action to Produce Documents

June 11, 2018


In Schwoob v. Bayer Inc., 2018 ONSC 166 (CanLII), a product liability class action, the Ontario Superior Court of Justice ordered two non-parties affiliated with the defendant corporation to produce 2,900 documents that they had produced in a parallel U.S. class action proceeding.


The plaintiffs brought a claim against Bayer Inc. (“Bayer Canada”) and two affiliated companies, Bayer Healthcare Pharmaceuticals Inc. (“Bayer U.S.”) and Bayer Pharma AG (“Bayer Pharma”), in 2010, on behalf of women in Ontario who had taken certain prescription oral contraceptives.  The claim alleged negligence in the design, testing, distribution, marketing and sale of the contraceptives, as well as failure to adequately warn of the risk of adverse consequences.  … Read More