O’Donnell and Felsky Recognized as Leading eDiscovery Practitioners

O’Donnell and Felsky Recognized as Leading eDiscovery Practitioners

Who’s Who Legal has once again identified Crystal O’Donnell, the firm’s founder and CEO, and Martin Felsky, Senior Counsel, as leading eDiscovery practitioners in Canada in their Who’s Who Legal Canada 2020 Directory.

 

Who’s Who Legal Canada “this year recognizes 26 e-discovery practitioners who rank highly for their field-leading expertise in the identification, collation and analyses of electronic data for preparation as evidence and for their skillful development of strategies for clients”.

 

The directory says that “Crystal O’Donnell of Heuristica receives plaudits as a ‘remarkably innovative and entrepreneurial e-discovery expert'”.

 

O’Donnell and Felsky are recognized for their achievements alongside only 22 other lawyers and 2 eDiscovery experts. … Read More

Heuristica Discovery Counsel Becomes RelativityOne Silver Partner

Heuristica Discovery Counsel Becomes RelativityOne Silver Partner

Heuristica extends its commitment to RelativityOne by becoming the world’s first law firm to achieve Silver Partner status.

 

Toronto, Ontario – September 11, 2020 – Heuristica Discovery Counsel LLP, Canada’s only independent, national law firm focused on electronic discovery (eDiscovery), evidence management, and related legal services, today announced that it has become a RelativityOne Silver Partner for providing exceptional service experience to its RelativityOne end users.

 

Heuristica is in the unique position of being the only independent Canadian national law firm with a practice dedicated to electronic evidence management and is known for its innovative approach to eDiscovery.  It provides a full range of eDiscovery counsel, electronic evidence collection, hosting, review and production services. … Read More

U.S. Court Shifts eDiscovery Costs to Plaintiff

U.S. Court Shifts eDiscovery Costs to Plaintiff

Candice Chan-Glasgow, Director, Review Services and Counsel

 

August 28, 2020

 

In a rare cost shifting order out of the United States, Lawson v. Spirit Aerosystems (D. Kan. June 18, 2020), the Kansas District Court granted defendant, Spirit Aerosystems, Inc’s motion to shift the costs of a technology-assisted review to the plaintiff, Larry A. Lawson.  This case is a helpful reminder to litigants that the eDiscovery process must be proportionate to the needs of the case and that pursuing unnecessarily broad requests can lead to cost consequences.

 

Lawson is Spirit’s former CEO who retired on July 31, 2016.  He executed a retirement agreement which contained a two year non-compete provision. … Read More

Court of Appeal Weighs-in on Relevance and Privilege

Court of Appeal Weighs-in on Relevance and Privilege

Candice Chan-Glasgow, Director, Review Services and Counsel

 

August 20, 2020

 

A recent Court of Appeal of Alberta decision, Tolton v Tolton, 2020 ABCA 218, provides a helpful reminder on the law of relevance and waiver of privilege.

 

Betty Tolton and Elwood Tolton separated in 1990, and Betty filed for divorce in 2002. The Toltons entered into minutes of settlement in 2007 which contained a provision indicating that Elwood was required to disclose further information related to a dispute about certain assets and accounts receivable.  In 2008, Betty filed an application seeking disclosure of the items listed in the minutes of settlement. … Read More

Meaningful Disclosure

Meaningful Disclosure

Candice Chan-Glasgow, Director, Review Services and Counsel

 

August 7, 2020

 

In a decision released last month, R. v. Cuffie, 2020 ONSC 4488 (CanLII), the Ontario Superior Court of Justice considered whether the Crown’s disclosure of non-searchable PDFs constitutes “meaningful” disclosure.

 

The Crown provided disclosure in nine tranches, and each tranche of disclosure was accompanied by a spreadsheet which functioned as a table of contents.  The spreadsheet listed the file name of every item disclosed, the folder in which the file was located, and the date the item was disclosed.  Approximately 7,000 “written documents” (over 318,600 pages) were disclosed, in addition to over 9,000 audio files, videos, and photographs. … Read More