Avoid Motion Delays with Heuristica’s Discovery ADR Service

Avoid Motion Delays with Heuristica’s Discovery ADR Service

Heuristica’s Discovery ADR Service, provided by knowledgeable and experienced counsel, is a time and cost-effective way to deal with eDiscovery and electronic evidence disputes.   As you know, substantive issues can easily get bogged down in skirmishes about pre-trial discovery.  You’ve likely experienced parties who act unilaterally to limit the scope of data preservation, refuse to engage in discussions toward a discovery plan, or refuse to exchange productions in a usable format.  Some of these tactics can be part of a broader scheme to delay proceedings or game the rules to advantage.  However, whatever the reason, pre-trial discovery issues are

Are Search Terms Producible?

Are Search Terms Producible?

Vladyslav (Vlad) Strashko Associate   August 12, 2021   The Ontario Superior Court recently had to address an interesting question: “Are the search terms used to identify relevant documents producible?”   In Falsetto v. Salvatore Fillipo Falsetto a.k.a. Sam Falsetto et al., 2021 ONSC 4168 (CanLII), the plaintiff asked the defendant to disclose search terms used to identify documents relevant to the litigation.  In making this request the plaintiff relied on Rule 29.1 regarding the parties’ duty to update the discovery plan and the requirement that the parties have regard to the Sedona Canada Principles Addressing Electronic Discovery when dealing

We’re Honoured to be Nominated Again – Please vote!

We’re Honoured to be Nominated Again – Please vote!

We are honoured to be nominated again this year for two Canadian Lawyer Readers’ Choice Awards.   We have been nominated as the best in:   Litigation Support and eDiscovery Consultants Legal Process Outsourcing / Document Review Services This is the 7th year Canadian Lawyer has run their Readers’ Choice Awards.  The program is designed to give a voice to their readers to identify which vendors and suppliers are the best at what they do.   Voting is anonymous but as an added incentive offered by Canadian Lawyer this year, if you provide your contact information, your name will be entered

eDiscovery Preparedness – Data Processing

eDiscovery Preparedness – Data Processing

Candice Chan-Glasgow Director, Review Services and Counsel   July 16, 2021   After potentially relevant electronically stored information (ESI) has been identified, preserved, and collected, it must be processed.  Processing is converting the ESI to a usable format for review and analysis.  Before processing the ESI, agreement should be obtained on processing specifications.  Many processing decisions are common, and agreement on these issues is generally non-contentious.   One primary decision is how you will deduplicate the data.  This is important due to the volumes of duplicate records that are typical for any enterprise.  Deduplication will reduce the volume of documents

What Ontario Courts are Saying about Redaction of Confidential or Sensitive Information

What Ontario Courts are Saying about Redaction of Confidential or Sensitive Information

Catia Amorim Associate   July 13, 2021   The Superior Court of Justice recently reiterated the test to be met when it comes to redaction of otherwise relevant documents.   In Marsella v. BDBC, 2021 ONSC 3276, a wrongful dismissal case, the plaintiff sought production of unredacted copies of certain documents in the defendant’s Schedule A.  The documents at issue were created during an internal investigation which led to the plaintiff’s dismissal and contained the names of non-parties to the litigation.   Arguing for disclosure, the plaintiff posited that there was no evidence to show that the redacted information was

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