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

Heuristica Proposes Better Disclosure Rules for Construction Arbitration

Heuristica Proposes Better Disclosure Rules for Construction Arbitration

Despite some initial trepidation, lawyers arbitrating construction cases by teleconference have found the “new normal” to be efficient and cost effective.  But the inconveniences associated with face-to-face arbitrations are minuscule compared to the costs and risks associated with the document disclosure process.  We need a “new normal” way to request and produce relevant documents in a virtual process.

 

It’s time to consider a standard, simplified disclosure rule that takes advantage of available technology to improve the outcomes of construction arbitration.

 

In our experience, many of the pain points associated with the exchange of documents could have been avoided had the parties adopted a mutually agreeable framework at the outset of a matter, and prior to the review and exchange of productions.… Read More

Vicars featured in Women Leading in Law Series

Vicars featured in Women Leading in Law Series

Lynne Vicars, Heuristica’s Chief Innovation & Strategy Officer and Senior Counsel, was recently featured in the Women Leading in Law series by Erin Cowling, of Cowling Legal Freelance.

 

In the article Lynne recounts a truly fascinating journey from her typing class in high school, to university, to how she ended up attending law school, to after graduating working at smaller firms in Alberta, then as inhouse counsel at a national bank, to her term as the Ontario Bar Association (OBA) President and finally to Heuristica where she is the firm’s Chief Innovation and Strategy Officer.

 

You can read the full article here.… Read More

O’Donnell and Felsky Identified as eDiscovery Leaders

O’Donnell and Felsky Identified as eDiscovery Leaders

We are very pleased that both Crystal O’Donnell, the firm’s founder and CEO, and Martin Felsky, Senior Counsel, have been identified again by Who’s Who Legal as Global and Canadian leaders in eDiscovery. 

 

O’Donnell and Felsky have been identified as Global Leaders in eDiscovery and two of only 22 leading eDiscovery practitioners in Canada.  Who’s Who Legal says they “have been selected for their outstanding skill and experience at advising clients from a range of sectors in complex document discovery projects.”

 

Martin has been identified as one of the three most highly recommended eDiscovery practitioners in Canada and “is technically excellent according to impressed sources who highlight his superb work on ediscovery and evidence management”. … Read More