eDiscovery, keyword searching and … Family Law?

eDiscovery, keyword searching and … Family Law?

Candice Chan-Glasgow

Director, Document Review Services

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

Court Orders Production of Files in “Usable” Format

On May 24th, the Alberta Court of the Queen’s Bench ruled that, in certain circumstances, meaningful disclosure requires the production of native electronic files.

 

Background and Arguments

In Bard v Canadian Natural Resources,[1] the plaintiffs brought a motion requesting, amongst other things, that the court order the defendants to deliver native Excel spreadsheets. The defendant had provided the data in TIFF image files as agreed to by the parties in the discovery plan. The plaintiffs claimed that TIFFs were not a “usable” format.

 

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