Canadian Commissioner of Competition v. Canadian Real Estate Association

Of Counsel

July 28, 2026

Canada (Commissioner of Competition) v Canadian Real Estate Association [2026 FC 574]

Summary

The most interesting aspect of a recent Federal Court decision involving 26,000 privilege claims may not be the law of privilege, but rather what the case reveals about the increasingly industrial nature of modern eDiscovery.

Following the issuance of an order compelling the Canadian Real Estate Association (“CREA”) to produce records and information to the Commissioner of Competition, CREA produced approximately 50,000 records, and a privilege log containing approximately 26,000 entries, 5,000 of which were redacted.

Hundreds of thousands of dollars were spent on document review, which employed large-scale eDiscovery processes to ensure that every document withheld on grounds of privilege had been properly reviewed.… Read More

Heuristica Voted as Leaders in Legal Process Outsourcing/ Managed Document Review

Canadian Lawyer recently announced the winners of the 2025 Readers’ Choice Awards which are designed to allow its readers to identify which products and service providers are the best in class.

Heuristica has again been selected by the readers of Canadian Lawyer magazine as a leader in Legal Process Outsourcing/ Managed Document Review.

Brian Pel, the firm’s COO and Senior Counsel, said: “I’m grateful to both the firm’s legal and technical teams for constantly pushing the envelope to find better and faster ways of serving our clients in their eDiscovery projects. The votes we received are a strong testament to our clients’ satisfaction with the innovative services we provide.”… Read More

Rethinking eDiscovery – From Risk Management to Ethical Design in the Age of Generative AI

Martin Felsky

Senior Counsel

August 8, 2025

For the past decade, lawyers adopting best practices in technology-assisted review (TAR) have been guided by one overriding concern: defensibility. Their workflows were built to withstand judicial scrutiny as prescribed by the rules, case law and the Sedona Canada Principles.

That risk-averse approach serves its purpose. But it also entrenches a mindset that treated technology as a liability to be justified rather than as a capability to be unleashed. Today, generative AI invites us once again to shift our professional perspective from defensive compliance to proactive ethical design.

Beyond Defensibility: Toward Trustworthy AI Systems

In the world of generative AI, “defensibility” will no longer need to be treated as a constraint.… Read More

Document Dumps in Litigation: How Acciona Fell Short and Gowing Got It Right on Discovery Legal Standards

Kelly Friedman

Chief Legal Data Intelligence Office and Senior Counsel

July 23, 2025

In the evolving landscape of electronic discovery, courts are increasingly asked to adjudicate disputes over document production volumes and the boundaries of relevance. Two recent decisions, Acciona Wastewater Solutions LP v. Greater Vancouver Sewerage and Drainage District [GVS&DD], 2025 BCSC 1256 (Acciona) and Gowing Contractors Ltd. v. Walsh Construction Company Canada, 2023 ONSC 4407 (Gowing), offer contrasting judicial approaches to these challenges.

Acciona misses a critical opportunity to clarify the legal obligations of document production under Rule 7-1 of the British Columbia Supreme Court Civil Rules. … Read More

Consequences for Misuse of Generative AI

Candice Chan-Glasgow

Director, Review Services and Counsel

June 19, 2025

Notwithstanding the well-known potential for generative artificial intelligence (“GenAI”) to hallucinate and related guidance issued by Canadian law societies and courts, there continue to be new cases where counsel have relied on GenAI without independently verifying legal citations and content.

Consequences for Misuse of Generative AI.

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