The Price of Technological Incompetence

Director, Review Services and Counsel

March 4, 2024

A recent ruling on costs from the Supreme Court of British Columbia highlights the risks for counsel who do not understand the appropriate use of generative AI and legal technology.

In Zhang v Chen, 2024 BCSC 285 (CanLII), Justice Masuhara made a rare cost order, requiring the respondent’s counsel, Ms. Ke, to pay costs personally for the additional effort and expense arising from listing two cases “hallucinated” by ChatGPT into the respondent’s Notice of Application.

Background

In a family custody dispute, counsel for the respondent, Ms.… Read More

Heuristica’s Lawyers recognized by Who’s Who Legal

Heuristica is pleased to advise that several of its lawyers have again been chosen for inclusion in the 2023 International and Canada Who’s Who Legal (WWL) Directories:

The following have been selected:

Thought Leaders – Commercial Litigation – eDiscovery Lawyers 2023
- Crystal O’Donnell, Heuristica Founder and CEO
- Martin Felsky, Senior Counsel

National Leaders – Canada – eDiscovery Practitioners 2023
- Crystal O’Donnell
- Martin Felsky
- Candice Chan-Glasgow, Director, Review Services and Counsel

O’Donnell, Felsky and Chan-Glasgow are recognized for their achievements alongside only 22 other lawyers in Canada.

These selections are particularly meaningful as two of the seven people selected as Thought Leaders and three of the 25 people selected as National Leaders in Canada are from Heuristica.… Read More

Issues in the Recovery of eDiscovery Costs

Candice Chan-Glasgow

Director, Review Services and Counsel

October 25, 2023

A recent decision of the Ontario Superior Court of Justice illustrates the advantage of having eDiscovery counsel assist parties to understand costs implications and how to claim and oppose eDiscovery costs. In Bellsam Contracting Limited v. Torgerson, 2023 ONSC 5652 (CanLII), the defendants sought to recover certain of their eDiscovery-related costs and costs of preparing those costs submissions.

With respect to the eDiscovery costs, the defendants sought partial indemnity for time spent by an “eDiscovery Specialist” who downloaded the plaintiff’s productions, managed the production load files, added documents to the eDiscovery database, and performed quality control checks.… Read More

Heuristica Sponsors Digital Evidence & E-Discovery Institute

Heuristica is pleased to sponsor the 13th Annual Ontario Digital Evidence and E-Discovery Institute on Wednesday, November 22nd at the Ontario Bar Association Conference Centre in downtown Toronto.

This popular full-day program brings together leading experts to talk about the latest developments in eDiscovery and digital evidence. This year’s program will focus on the intersection of AI and the evolution of the law.

Attendees will gain valuable insights and practical tips from leading experts on the following:

Use of AI in Litigation and Disputes
What is the Current Legal Landscape for AI Regulation in Canada and Globally
Admitting an Challenging AI as Evidence – What is the Frameworks/Consideration for Adjudicators to Accept AI-generated Evidence?

Document Production Disputes Exacerbate Access to Justice Challenges in Canada

Candice Chan-Glasgow

Director, Review Services and Counsel

August 28, 2023

Civil courts across the country are facing lengthy delays and backlogs. These growing delays increase costs and deny litigants the ability to access timely financial relief and move on with their lives. Indeed, delay is one of three barriers to access to justice specifically noted by Chief Justice Wagner in his 2018 remarks at the 7^th National Pro Bono Conference in Vancouver:

It can take a year or more even to get a date for a trial that might last two months. In the meantime, parties suffer financial losses or family disharmony; physical and mental health issues remain unresolved.… Read More

« Previous