PROUDLY CANADIAN!

We founded and built our practice in Canada
and are proud of it.
Our team is Canadian. Our future is Canada.
We stand shoulder to shoulder with Canadians
across the country.
Let’s do business together.

Learn More

Legal Data Intelligence

The LDI model covers all manner of use cases that invite the application of legal data analytics expertise.

Learn More

eDiscovery Counsel

Heuristica Discovery Counsel is a boutique legal practice focused on electronic discovery, evidence management, and related litigation and legal services.

Learn More

Leading You Through the Legal Complexities of eDiscovery

We are Canada’s premier law firm practicing in electronic discovery, evidence management, and related litigation and legal services. Our winning, innovative solutions save you and your clients time and money.

Learn More

Lawyers Specializing in Evidence Analysis

We are a law firm providing legal analysis of your electronic evidence. We also can provide legal opinions on the defensibility and proportionality of your discovery process.

Learn More

eDiscovery Issues: Spoliation and Intent

Harry Chang Associate October 28, 2021 In a recent US decision, Cretacci v. Hare, No.: 4:19-CV-55-SKL (E.D. Tenn. Jan. 20, 2021), the court found that the plaintiffs failed to prove that the defendants intentionally deprived them of the video evidence of an alleged assault as required under Rule 37 of the United States Federal Rules of Civil Procedure. The defendants had received a written request to preserve the video evidence from the plaintiff’s counsel within 30 days of an alleged assault but took no reasonable measures to preserve the requested video, and the video was later deleted.

Cost-Effective Document Disclosure in Construction Arbitration

Martin Felsky Senior Counsel October 22, 2021 There are four rules-based approaches to document disclosure in legal disputes. From broadest to narrowest they are: Relevant: Each party discloses all documents relevant to the issues in dispute. Responsive: Each party discloses documents responsive to requests by the other party. Material: Each party discloses only those documents that could have an impact on the outcome of the dispute. Reliance: Each party discloses only those documents upon which it intends to rely. Each of these approaches is often supplemented by two underlying principles: first, a party can always be ordered

Discovery in the Yukon

Vladyslav (Vlad) Strashko Associate October 20, 2021 A recent decision, Chance Oil and Gas Limited v Yukon (Energy, Mines and Resources), 2021 YKSC 44 (CanLII) , provides a good window into the discovery process in the Yukon. In this case, both sides filed applications to compel each other to meet their document discovery obligations. The plaintiff claimed that the defendant grossly under-produced by listing only 445 documents in its affidavit of documents. The defendant alleged that the plaintiff, in contrast, overproduced by listing over 34,000 documents, some of which were not relevant. First, the court pointed

eDiscovery Preparedness – Technology Options

Crystal O’Donnell Chief Executive Officer and Senior Counsel October 13, 2021 Proactive management of electronic information is one of the best ways to minimize costs and risks associated with eDiscovery. This includes enterprises making decisions on the appropriate approach to managing eDiscovery based on needs, volume and resources available. Over the last few years, the options available to enterprises to manage eDiscovery needs have changed considerably. The choices of available technology have increased, the functionality available has improved (and continues to improve), and the options for purchasing the technology have also changed. While there is a

EDRM Appoints O’Donnell to 2021/22 Global Advisory Council

The Electronic Discovery Reference Model (EDRM) has once again appointed Crystal O’Donnell, the firm’s Founder and CEO, to its Global Advisory Council. The EDRM empowers global leaders of eDiscovery and creates practical global resources to improve eDiscovery, privacy, security, and information governance. Since 2005, EDRM has delivered leadership, standards, tools, guides, and test data-sets to strengthen best practices throughout the world. It has an international presence in 113 countries, spanning 6 continents, and provides an innovative support infrastructure for individuals, law firms, corporations, and government organizations seeking to improve the practice and provision of data and legal discovery.