Rethinking Reliability of Digital Evidence

Partner

April 30, 2026

Digital evidence often looks authoritative. A system-generated report, an email chain, a spreadsheet, or a chat export can appear objective and complete. But in litigation, the real question is not whether digital evidence looks reliable. It is whether its reliability can be proven.

As litigation becomes more data-heavy, and as AI-generated or AI-assisted content becomes more common, the reliability of digital evidence deserves closer attention. A digital record is not trustworthy simply because it looks technical, precise, or system generated. Its reliability depends on the system that created it, the controls that preserved it, and the surrounding information that allows it to be tested.… Read More

Deepfakes and the Evolving Duties of eDiscovery Counsel

Martin Felsky

Senior Counsel

April 28, 2026

The long-standing view that electronic discovery and disclosure can be treated as purely procedural or technical exercises distinct from the law of evidence is no longer tenable. That position was already difficult to sustain in an era of emails and databases. It becomes untenable in the age of synthetic media.

E-discovery (and here I use the term broadly to include disclosure in criminal and regulatory procedure) is about shaping the evidentiary record. What is preserved, collected, filtered, and produced defines what may ultimately be tendered in court. A small but critical subset of that material will be relied upon as evidence.… Read More

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 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:

Thought Leaders – Commercial Litigation – E-Discovery Lawyers 2025
- Martin Felsky, Senior Counsel

National Leaders – Canada – E-Discovery Practitioners 2025
- Crystal O’Donnell, Chief Executive Officer and Senior Counsel
- Martin Felsky, Senior Counsel
- Candice Chan-Glasgow, Director, Review Services and Counsel

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!

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:

codonnell@discoverycounsel.ca… Read More

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