eDiscovery, keyword searching and … Family Law?

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December 19, 2017

In a previous blog post “Estates in the Digital Age: Debunking E-Discovery Myths in Estate Litigation” we discussed the application of electronic evidence principles to estate litigation, and noted that electronic discovery principles are not limited to large scale commercial disputes. A recent Ontario Superior Court of Justice decision demonstrates, once again, that eDiscovery spans multiple areas of law.

In Leitch v. Novac, 2017 ONSC 6888, the Applicant, Jennifer, filed an application for, amongst other things, spousal support, child support, and equalization of net family property. The parties separated on September 29, 2012 after approximately 15 years of marriage. … Read More

Estates in the Digital Age: Debunking E-Discovery Myths in Estate Litigation

All aspects of life are increasingly affected by the proliferation of advances in technology. Wills and estates are no exception.

One of the results of the growth of digital assets and online communications is the evolution of evidence that is required for estate litigation and estate administration. Virtually all evidence, unless it is a handwritten note, physical evidence or witness testimony, is now electronic in its original format.

Heuristica’s Crystal O’Donnell (along with co-author Holly LeValliant) have just published the first of a series of articles on the Trusts and Estates Law section of the Ontario Bar Association website.… Read More