U.S. Court Shifts eDiscovery Costs to Plaintiff

U.S. Court Shifts eDiscovery Costs to Plaintiff

Candice Chan-Glasgow, Director, Review Services and Counsel

 

August 28, 2020

 

In a rare cost shifting order out of the United States, Lawson v. Spirit Aerosystems (D. Kan. June 18, 2020), the Kansas District Court granted defendant, Spirit Aerosystems, Inc’s motion to shift the costs of a technology-assisted review to the plaintiff, Larry A. Lawson.  This case is a helpful reminder to litigants that the eDiscovery process must be proportionate to the needs of the case and that pursuing unnecessarily broad requests can lead to cost consequences.

 

Lawson is Spirit’s former CEO who retired on July 31, 2016.  He executed a retirement agreement which contained a two year non-compete provision. … Read More

Court of Appeal Weighs-in on Relevance and Privilege

Court of Appeal Weighs-in on Relevance and Privilege

Candice Chan-Glasgow, Director, Review Services and Counsel

 

August 20, 2020

 

A recent Court of Appeal of Alberta decision, Tolton v Tolton, 2020 ABCA 218, provides a helpful reminder on the law of relevance and waiver of privilege.

 

Betty Tolton and Elwood Tolton separated in 1990, and Betty filed for divorce in 2002. The Toltons entered into minutes of settlement in 2007 which contained a provision indicating that Elwood was required to disclose further information related to a dispute about certain assets and accounts receivable.  In 2008, Betty filed an application seeking disclosure of the items listed in the minutes of settlement. … Read More

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