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

eDiscovery Preparedness – Custodian Interviews

eDiscovery Preparedness – Custodian Interviews

T. James Cass Manager, Review Services and Senior Counsel   July 7, 2021   Custodian interviews are an important and necessary part of the identification phase of an eDiscovery project. Early interviews are necessary to develop a proportionate and defensible discovery plan.    The purpose of the interview is to:   identify the cast of characters, the relevant time periods, the potential sources of electronically stored information (ESI), and confirm that the individuals understand the legal hold requirements. If custodian interviews are not done there is a risk that the relevant information won’t be preserved and collected or conversely that

eDiscovery Preparedness – Discovery Planning

eDiscovery Preparedness – Discovery Planning

Candice Chan-Glasgow Director, Review Services and Counsel   June 22, 2021   Previous blog posts have discussed document management systems and provided some tips that can be implemented prior to a dispute or investigation, such as the creation of a Data Map at the outset of an eDiscovery project.  This article focuses on discovery planning and agreements with opposing parties on the scope and nature of the eDiscovery process and exchange of data.  During this phase, the parties and respective counsel must work with their document management systems used and the data that is available from all relevant sources.  

eDiscovery Preparedness – Data Mapping

eDiscovery Preparedness – Data Mapping

T. James Cass Manager, Review Services and Senior Counsel   June 17, 2021   Once a dispute has arisen your enterprise will be required to preserve and produce records relevant to the issues in the dispute.  This is referred to as the “Identification” phase of an eDiscovery project.  As part of this phase, you need to identify the location of potentially relevant data.  The identification phase involves understanding the location and nature of the data, and the people involved.  This article will address the location and nature of the data, also referred to as a “Data Map”.   A Data

eDiscovery Preparedness – Document Management Systems

eDiscovery Preparedness – Document Management Systems

Candice Chan-Glasgow, Director, Review Services and Counsel   June 8, 2021   An initial step for any business entity looking to proactively manage costs through the eDiscovery process is to re-examine its document management system (DMS).   A DMS is a system used to store, manage, and track electronic documents. The general benefits of an effective DMS have been touted for years – a DMS offers enhanced security and employees spend less time searching for information while losing less time to versioning issues. While these are all important considerations, a crucial perspective that is often overlooked is the eDiscovery aspect.

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