Meaningful Disclosure

Meaningful Disclosure

Candice Chan-Glasgow, Director, Review Services and Counsel

 

August 7, 2020

 

In a decision released last month, R. v. Cuffie, 2020 ONSC 4488 (CanLII), the Ontario Superior Court of Justice considered whether the Crown’s disclosure of non-searchable PDFs constitutes “meaningful” disclosure.

 

The Crown provided disclosure in nine tranches, and each tranche of disclosure was accompanied by a spreadsheet which functioned as a table of contents.  The spreadsheet listed the file name of every item disclosed, the folder in which the file was located, and the date the item was disclosed.  Approximately 7,000 “written documents” (over 318,600 pages) were disclosed, in addition to over 9,000 audio files, videos, and photographs. … Read More

Virtual Hearings – Here to Stay?

Virtual Hearings – Here to Stay?

Candice Chan-Glasgow, Director, Review Services and Counsel

 

July 24, 2020

 

On July 6, 2020, courtrooms in certain locations across Ontario resumed in-person proceedings, and each week, additional courtrooms across the province are continuing to re-open. 

 

However, Chief Justice Morawetz’s July 21, 2020 Notice to the Profession recognizes that not all participants may be comfortable attending a courthouse during the COVID-19 pandemic, and that virtual hearings should be explored when requested.

 

Counsel and parties facing a request for a virtual hearing should consider Justice Myers’ recent order that an examination for discovery proceed by video conference.  Justice Myers wrote in Arconti v.Read More

ILCO Fellowship Course – Electronic Discovery Practice and Principles

ILCO Fellowship Course – Electronic Discovery Practice and Principles

Leading eDiscovery practitioners from Heuristica Discovery Counsel will once again teach the Institute of Law Clerks of Ontario (ILCO) Fellowship Course “Electronic Discovery Practice and Principles“.

 

Designed for litigation support professionals and law clerks, this course will explore the legal and practical principles of electronic discovery in a legal practice context.

 

Using the Electronic Discovery Reference Model (EDRM) and the Sedona Canada Principles, we will discuss the issues and tasks underlying each phase of the process.  With an emphasis on proportionality and defensibility at every stage, practical information will be covered, including:

 

  • cooperative discovery planning
  • the supporting evidence required for discovery motions
  • and the admissibility of evidence

We also will cover how to best work in a cost-effective manner and bring value to the legal team and client.… Read More

Leveraging Concept Clustering in eDiscovery

Leveraging Concept Clustering in eDiscovery

Candice Chan-Glasgow, Director, Review Services and Counsel, and Catia Amorim, Associate

 

March 4, 2019

 

Even after de-duplication and some initial culling, it’s not unusual to still be faced with a significant number of electronic records in a given litigation matter. 

 

Tools that help lawyers to “make sense” of a plethora of data and that assist in identifying key records are thus increasingly crucial to efficient and effective eDiscovery.  Fortunately, it’s possible to organize your electronic data into smaller buckets of conceptually similar documents.  One of the analytic tools that makes this possible is called “concept clustering”.

 

The concept clustering tool leverages “concepts” by assessing the meaning and context of terms contained within documents and by looking for relationships. … Read More

Candice Chan-Glasgow Elected Vice-Chair of E-Discovery Implementation Committee

Candice Chan-Glasgow Elected Vice-Chair of E-Discovery Implementation Committee

We congratulate Candice on being elected Vice-Chair of the Ontario e-Discovery Implementation Committee (EIC) for 2019.  Candice served as secretary in 2018.

 

Candice is Heuristica’s Director of Legal Review Services and Counsel and leads our team of document review counsel.

 

The Ontario E-Discovery Implementation Committee (EIC) is a committee of lawyers, judges, and legal technologists with a mandate of recommending, promoting, and implementing thought leadership, best practices, and law reform with respect to information management, discovery, litigation support, and paperless proceedings.

 

For more information about the EIC please visit their web site here.

 

 

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