The Price of Technological Incompetence

Director, Review Services and Counsel

March 4, 2024

A recent ruling on costs from the Supreme Court of British Columbia highlights the risks for counsel who do not understand the appropriate use of generative AI and legal technology.

In Zhang v Chen, 2024 BCSC 285 (CanLII), Justice Masuhara made a rare cost order, requiring the respondent’s counsel, Ms. Ke, to pay costs personally for the additional effort and expense arising from listing two cases “hallucinated” by ChatGPT into the respondent’s Notice of Application.

Background

In a family custody dispute, counsel for the respondent, Ms.… Read More

Issues in the Recovery of eDiscovery Costs

Candice Chan-Glasgow

Director, Review Services and Counsel

October 25, 2023

A recent decision of the Ontario Superior Court of Justice illustrates the advantage of having eDiscovery counsel assist parties to understand costs implications and how to claim and oppose eDiscovery costs. In Bellsam Contracting Limited v. Torgerson, 2023 ONSC 5652 (CanLII), the defendants sought to recover certain of their eDiscovery-related costs and costs of preparing those costs submissions.

With respect to the eDiscovery costs, the defendants sought partial indemnity for time spent by an “eDiscovery Specialist” who downloaded the plaintiff’s productions, managed the production load files, added documents to the eDiscovery database, and performed quality control checks.… Read More

Document Production Disputes Exacerbate Access to Justice Challenges in Canada

Candice Chan-Glasgow

Director, Review Services and Counsel

August 28, 2023

Civil courts across the country are facing lengthy delays and backlogs. These growing delays increase costs and deny litigants the ability to access timely financial relief and move on with their lives. Indeed, delay is one of three barriers to access to justice specifically noted by Chief Justice Wagner in his 2018 remarks at the 7^th National Pro Bono Conference in Vancouver:

It can take a year or more even to get a date for a trial that might last two months. In the meantime, parties suffer financial losses or family disharmony; physical and mental health issues remain unresolved.… Read More

Document Dumps May Cost You

Michael Ross

Associate

Document Dumps May Cost You

A recent decision from the Ontario Superior Court of Justice, Gowing Contractors Ltd v. Walsh Construction Company Canada, 2023 ONSC 4407, confirms there will be cost consequences to parties whose productions contain a significant proportion of irrelevant records. On a motion for further and better production, the Court considered, inter alia, whether the defendant Walsh had failed to meet its discovery obligations by producing an “astounding 25%” of irrelevant documents.

By way of background, the overall litigation relates to an infrastructure construction project. Walsh was the general contractor, Gowing was Walsh’s mechanical subcontractor, and Zurich Insurance Company Ltd.… Read More

Clarification — Redactions of Irrelevant Information

Michael Ross

Associate

June 9, 2023

A recent family law decision from the Court of King’s Bench of Alberta, MBH v CKI, 2023 ABKB 284, clarifies the principles that apply in Alberta to redactions of non-privileged irrelevant information from otherwise relevant and material records.

The Court considered, inter alia, whether the Plaintiff/Respondent must produce redacted portions of previously produced medical/physician records. While medical information is often redacted as irrelevant personal information, the information here was potentially relevant to issues involving the primary care and control of the parties’ children.

The Court noted that, in Alberta, irrelevant information is often redacted or removed from records.… Read More