Recently, the Sedona Conference® published the second edition of the Sedona Canada Principles Addressing Electronic Discovery[1] (the “Principles”).

 

The Principles provide guidance on best practices for dealing with electronically stored information (ESI) with respect to parties’ discovery obligations. The original version of the Principles, published in January 2008, are referenced in the Ontario Rules of Civil Procedure requiring parties to consult and have regard to the Principles in preparing their discovery plan.[2] Crystal O’Donnell, the founder of Heuristica Discovery Counsel is a contributing editor to the second edition.

 

There are a number of updates to the Principles and commentary, including an emphasis on the overarching principles of early and meaningful cooperation between counsel (Principle 4) and proportionality (Principle 2).… Read More