Technical document production struggles will not excuse undue delay

Director, Project Management and Counsel

October 1, 2018

The October 2017 decision of Master Graham in 683153 Ontario Limited et al. v. The Manufacturers Life Insurance Company et al. , 2017 ONSC 6024 (CanLII) serves as a cautionary tale for both counsel and clients who are unfamiliar with the complexities of producing discovery documents in electronic format.

Although this was an extreme case of delay, it stands for the broader principle that litigants cannot rely on complexity, costs and eDiscovery problems to excuse them from pursuing the case in an expeditious manner and in compliance with the timelines set out under the rules, particularly when those problems are the result of inexperience of counsel in managing large electronic productions.… Read More

O’Donnell discusses proposed harmonized civil procedure rules at Vancouver ILTA event

Crystal O’Donnell, Heuristica’s CEO and Senior Counsel, will speak at a meeting of the International Legal Technology Association (ILTA) in Vancouver entitled “Ediscovery in Canadian Civil Litigation“.

In Crystal’s capacity as Chair of the Uniform Law Conference of Canada (ULCC) working group for Uniform Electronic Document Rules she will discuss the Report of the Working Group which proposes a harmonized set of civil procedure rules for electronic documents in civil proceedings in all Canadian jurisdictions.

She will discuss the policy decisions of the project and the role of the ULCC, the key features of the proposed Rule, and the next phases to implement the proposed harmonized Rule across Canada.… Read More

Chan-Glasgow Speaks at OBA Professional Development Program

Candice Chan-Glasgow, Heuristica’s Director, Legal Review Services and Counsel, will speak at the upcoming Ontario Bar Association Professional Development Program entitled “Forge a Better Union: Strategies for Optimizing Coordination Between In-House and Litigation Counsel“.

The relationship between in-house counsel and their external litigation counsel can be complex, sometimes causing tension that results in a less than perfect working relationship. While in-house counsel wrestle with doing more with less and litigating becomes more complex in our electronic age a new paradigm is needed such that the relationship between counsel ensures all parties benefit from the expertise of the other.… Read More

Tsekhman Teaches Discovery Planning as part of Ryerson Law Practice Program

Ilan Tsekhman, Associate at Heuristica Discovery Counsel, and other senior Bay Street e-Discovery practitioners will teach Discovery Planning to candidates in the Ryerson Law Practice Program (LPP).

Ryerson’s Law Practice Program (LPP) is the first of its kind in Ontario. It’s an innovative alternative to traditional articling with a rigorous and demanding eight-month program that combines online training, experiential learning, and a hands-on work term. Ryerson works with the Law Society of Ontario and the legal community, including a strategic alliance with the Ontario Bar Association, to deliver a dynamic program that prepares law school graduates to succeed in their legal practice and careers.… Read More

Court Orders Non-Parties in Parallel Action to Produce Documents

June 11, 2018

In Schwoob v. Bayer Inc., 2018 ONSC 166 (CanLII), a product liability class action, the Ontario Superior Court of Justice ordered two non-parties affiliated with the defendant corporation to produce 2,900 documents that they had produced in a parallel U.S. class action proceeding.

The plaintiffs brought a claim against Bayer Inc. (“Bayer Canada”) and two affiliated companies, Bayer Healthcare Pharmaceuticals Inc. (“Bayer U.S.”) and Bayer Pharma AG (“Bayer Pharma”), in 2010, on behalf of women in Ontario who had taken certain prescription oral contraceptives. The claim alleged negligence in the design, testing, distribution, marketing and sale of the contraceptives, as well as failure to adequately warn of the risk of adverse consequences. … Read More