Towards More Efficient and Cost-effective Discovery

Towards More Efficient and Cost-effective Discovery

Crystal O’Donnell

Chief Executive Officer and Senior Counsel


November 3, 2021



Discovery is typically the most time-consuming and expensive aspect of any legal dispute.  This article provides some practical guidance and key tips for minimizing risk and cost for enterprises involved in disputes or regulatory matters that require the production of electronically stored information (ESI).


The most effective way to minimize eDiscovery cost and risk is to start with good document management and retention policies.  While document management and retention are substantive and complex areas, there are a couple things that do not require software or expenditure that can make a substantial difference. … Read More

Are Search Terms Producible?

Are Search Terms Producible?

Vladyslav (Vlad) Strashko



August 12, 2021


The Ontario Superior Court recently had to address an interesting question: “Are the search terms used to identify relevant documents producible?”


In Falsetto v. Salvatore Fillipo Falsetto a.k.a. Sam Falsetto et al., 2021 ONSC 4168 (CanLII), the plaintiff asked the defendant to disclose search terms used to identify documents relevant to the litigation.  In making this request the plaintiff relied on Rule 29.1 regarding the parties’ duty to update the discovery plan and the requirement that the parties have regard to the Sedona Canada Principles Addressing Electronic Discovery when dealing with the discovery plan. … Read More

eDiscovery Preparedness – Discovery Planning

eDiscovery Preparedness – Discovery Planning

Candice Chan-Glasgow

Director, Review Services and Counsel


June 22, 2021


Previous blog posts have discussed document management systems and provided some tips that can be implemented prior to a dispute or investigation, such as the creation of a Data Map at the outset of an eDiscovery project.  This article focuses on discovery planning and agreements with opposing parties on the scope and nature of the eDiscovery process and exchange of data.  During this phase, the parties and respective counsel must work with their document management systems used and the data that is available from all relevant sources.


Discovery planning allows parties to discuss and obtain disclosure of information needed to identify any document issues early in the process. … Read More

eDiscovery Preparedness – Data Mapping

eDiscovery Preparedness – Data Mapping

T. James Cass

Manager, Review Services and Senior Counsel


June 17, 2021


Once a dispute has arisen your enterprise will be required to preserve and produce records relevant to the issues in the dispute.  This is referred to as the “Identification” phase of an eDiscovery project.  As part of this phase, you need to identify the location of potentially relevant data.  The identification phase involves understanding the location and nature of the data, and the people involved.  This article will address the location and nature of the data, also referred to as a “Data Map”.


A Data Map is required to maintain appropriate records of the project and will assist in creating a defensible and most efficient preservation and collection plan.… Read More

Heuristica Leads eDiscovery Workshop at Canadian Corporate Counsel Association National Conference

Heuristica Leads eDiscovery Workshop at Canadian Corporate Counsel Association National Conference

Heuristica is pleased to sponsor an eDiscovery workshop at the Canadian Corporate Counsel Association (CCCA) National Conference and In-House Counsel Worldwide (ICW) Summit.


The Conference theme this year is Beyond Borders:  Business and Law in the Global Village.


Crystal O’Donnell, Heuristica’s CEO and Senior Counsel, will lead a workshop entitled “Successfully Managing E-Discovery – A Primer for In-House Counsel“.


The workshop will cover important questions in-house counsel should be asking themselves including:


  • What happens when your organization is called on to produce electronically stored information (ESI)?
  • Do you have a discovery plan and production protocol in place?
Read More