Reconsidering the Presumption of Reliability for Digital Evidence in Canadian Law – A Cautionary Reflection on the UK Horizon Scandal

Reconsidering the Presumption of Reliability for Digital Evidence in Canadian Law – A Cautionary Reflection on the UK Horizon Scandal

Martin Felsky Senior Counsel   The Canadian legal framework for the admissibility of electronic evidence is grounded in a presumption that digital records generated or stored by a functioning electronic system are reliable. Codified in sections 31.1 to 31.8 of the Canada Evidence Act (CEA), this presumption was introduced in 2000 to accommodate the growing volume of digital records and to promote efficiency in legal proceedings. Read More    

Rethinking eDiscovery – From Risk Management to Ethical Design in the Age of Generative AI

Rethinking eDiscovery – From Risk Management to Ethical Design in the Age of Generative AI

Martin Felsky Senior Counsel August 8, 2025   For the past decade, lawyers adopting best practices in technology-assisted review (TAR) have been guided by one overriding concern: defensibility. Their workflows were built to withstand judicial scrutiny as prescribed by the rules, case law and the Sedona Canada Principles.   That risk-averse approach serves its purpose. But it also entrenches a mindset that treated technology as a liability to be justified rather than as a capability to be unleashed. Today, generative AI invites us once again to shift our professional perspective from defensive compliance to proactive ethical design.   Beyond Defensibility:

NATIONWIDE – CANADA: An introduction to eDiscovery

NATIONWIDE – CANADA: An introduction to eDiscovery

Kelly Friedman Chief Legal Data Intelligence Office and Senior Counsel   This overview was recently prepared by Heuristica for inclusion in Chambers & Partners’ 2025 Litigation Support Guide released in June 2025.     Canadian Perspectives on Global eDiscovery Trends and Emerging Best Practices In 2025, legal teams worldwide are navigating increasingly complex eDiscovery demands fueled by rapid technological advances, diverse data sources, and changing regulatory requirements. This article examines international developments through the prism of Canada’s legal, regulatory, and technological landscape, and outlines future trends that will define the next phase of electronic disclosure in Canada.   Canadian eDiscovery Law

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

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

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

Heuristica is honoured to be nominated this year for three Canadian Lawyer Readers’ Choice Awards.   We have been nominated as the best in:   E-Discovery Software/Solution(s) Litigation Support and E-Discovery Consultant(s) Legal Process Outsourcing/Document Review Services This is the 11th 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 a token of appreciation Canadian Lawyer will enter participants who complete the survey and provide their contact information into a

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