Amazon Canada Decision – Ten Lessons to be Learned

Amazon Canada Decision – Ten Lessons to be Learned

Martin Felsky

Senior Counsel

January 20, 2026

 

Large-scale production orders are no longer exceptional. What is surprising is how often sophisticated litigants underestimate what courts now expect when those orders arrive. The Federal Court’s recent decision in Commissioner of Competition v Amazon.com.ca ULC, 2025 FC 1782, arises in a competition-law investigation under the Competition Act. But it would be a mistake to read it as confined to that regulatory context. The Court’s reasoning reflects expectations that increasingly apply across complex civil litigation, particularly cases involving large-scale electronic production. In substance, this is a decision about modern litigation discipline.… Read More

Heuristica’s Lawyers Recognized by Lexology

Heuristica’s Lawyers Recognized by Lexology

Heuristica is pleased to advise that more of its lawyers have again been chosen for inclusion in the 2025 Lexology Index (formerly Who’s Who Legal) eDiscovery rankings than those of any other Canadian law firm.

 

The following have been selected:

 

The Lexology Index research process starts with qualitative analysis; they gather first-hand experience of working with nominees in the industry or practice area, and ground it with continuous quantitative analysis of a range of relevant data points to ensure a rigorous evaluation framework, consistently applied. … Read More

Going to the IBA Annual Conference!

Going to the IBA Annual Conference!

Heuristica Discovery Counsel LLP is one of Canada’s leading Chambers-ranked law firms specializing in digital evidence. Heuristica assists clients with the complexity of digital evidence and the legal issues that arise from it. We extend a warm welcome to all delegates attending the IBA Annual Conference in Toronto. We’re proud to be represented at the conference by Crystal O’Donnell, Managing Partner & Senior Counsel, and Karthik Das, Partner & Senior Counsel. We’re keen to connect with fellow delegates to explore synergies and potential opportunities to collaborate.

 

If you would like to schedule a brief meeting or a chat at the sidelines of the conference they can be contacted at:

 

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Going to the CBA Construction and Infrastructure Law Conference!

Going to the CBA Construction and Infrastructure Law Conference!

James Cass, Manager Review Services and Senior Counsel and Harry Chang, Associate are excited to be attending the CBA Construction and Infrastructure Law Conference .

 

If you want to reach out to meet or chat you can contact them at:

 

jcass@discoverycounsel.ca

hchang@discoverycounsel.ca

 

Looking forward to seeing everyone there!

 

For more information about the conference please visit the CBA website.

 

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Why PDFs Can Sink Your Case – Preserving Individual Emails the Right Way

Why PDFs Can Sink Your Case – Preserving Individual Emails the Right Way

Martin Felsky

Senior Counsel

September 15, 2025

 

The portable document format (PDF) was a breakthrough for the legal profession. It allowed lawyers to share contracts and pleadings in a consistent, easily readable format regardless of the software used to create them. For preserving the appearance of a document, PDF remains an excellent tool.

 

However, litigation is not only about appearance. It is about substance, history, and context. When a document, especially an email, is converted into PDF, critical metadata is stripped away. That metadata can include the creation date, transmission details, recipients, and other fields that may prove vital to a case.… Read More