Document Dumps in Litigation: How Acciona Fell Short and Gowing Got It Right on Discovery Legal Standards

Document Dumps in Litigation: How Acciona Fell Short and Gowing Got It Right on Discovery Legal Standards

Kelly Friedman

Chief Legal Data Intelligence Office and Senior Counsel

July 23, 2025

 

In the evolving landscape of electronic discovery, courts are increasingly asked to adjudicate disputes over document production volumes and the boundaries of relevance. Two recent decisions, Acciona Wastewater Solutions LP v. Greater Vancouver Sewerage and Drainage District [GVS&DD], 2025 BCSC 1256 (Acciona) and Gowing Contractors Ltd. v. Walsh Construction Company Canada, 2023 ONSC 4407 (Gowing), offer contrasting judicial approaches to these challenges.

 

Acciona misses a critical opportunity to clarify the legal obligations of document production under Rule 7-1 of the British Columbia Supreme Court Civil Rules.  … Read More

Consequences for Misuse of Generative AI

Consequences for Misuse of Generative AI

Candice Chan-Glasgow

Director, Review Services and Counsel

June 19, 2025

 

Notwithstanding the well-known potential for generative artificial intelligence (“GenAI”) to hallucinate and related guidance issued by Canadian law societies and courts, there continue to be new cases where counsel have relied on GenAI without independently verifying legal citations and content.

 

Consequences for Misuse of Generative AI.

 

 

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A Response to the Ontario Civil Rules Review Phase 2 Consultation Report

A Response to the Ontario Civil Rules Review Phase 2 Consultation Report

 

See Heuristica’s response to the Phase 2 Consultation Report released on April 1st, a copy of which can be downloaded at: https://www.ontariocourts.ca/scj/32494/

 

As a firm with an exclusive practice in electronic evidence matters, Heuristica is in a unique position to comment on the interplay between the proposed reforms and the realities of digital evidence management. Drawing on our extensive experience, we explain that a failure to expressly address digital evidence issues risks undermining the Report’s core goals and further increasing litigation costs. Our submission offers practical, cost-effective solutions, including original digital format production and a one-step, materiality-based approach, that are essential to any meaningful civil justice reform in the digital age.… Read More

Five Ways to Use Legal Data Intelligence Without Disrupting Your Workflow

Five Ways to Use Legal Data Intelligence Without Disrupting Your Workflow

Martin Felsky

Senior Counsel

March 12, 2025

 

Litigation in Canada is more data-intensive than ever. Yet many litigators hesitate to adopt new processes, fearing disruption to their established case strategies and workflows. The good news? You don’t need to change the way you litigate—you just need the right support to optimize how you manage data.

 

Legal data intelligence (LDI) and eDiscovery solutions integrate seamlessly into your existing litigation framework, allowing you to win cases, reduce risk, and control costs – without overhauling your approach. Here’s how:

 

1. Early Case Strategy: Use Data to Assess Strengths and Risks Faster

 

Traditional Approach: Reviewing initial disclosures manually and relying on client-provided documents to gauge case strength.… Read More

Proudly Canadian. What it means to us.

Proudly Canadian. What it means to us.

Planning for prosperity regardless of our differences.

 

Canadians and our friends to the south have strong economic ties that we hope will get back to normal soon. The choice of doing something, or nothing, during a conflict is not an easy one. Our choice… our duty… is to support the rule of law that deeply reflects many of the values we hold true as Canadians.

 

The same laws apply to everyone regardless of their occupation, level of wealth, race, color, sexual orientation, gender or other personal characteristics. In addition, political influences or popularity polls have no part in a Court of Law.… Read More