Collaborative Discovery Required

In Thompson v Arcadia Labs Inc, the plaintiffs brought a motion for relief requesting, among other things, several orders related to discovery. The plaintiffs are consultants that provided services to the defendant cybersecurity firm.

The parties did not agree on a protocol for exchanging documents, which resulted in unilateral attempts to satisfy production obligations. Master MacLeod, as he then was, (Master MacLeod was recently appointed a judge of the Ontario Superior Court of Justice) found that parties cannot take a unilateral approach to production and that cooperation is critical for defensibility and proportionality.

During the course of their business relationship, the plaintiffs created documents for the defendants, which were uploaded to a website.… Read More

Heuristica Celebrates First Anniversary with Expanded Team

Heuristica Discovery Counsel is celebrating its first anniversary and thanks to an extremely successful first year is pleased to announce the addition of two key positions at the firm.

With the addition of several major new clients Heuristica recently has recruited Alan Dingle and Keith Bedford.

Alan and Keith bring relevant expertise and experience to meet the increasingly sophisticated needs of the market and our clients. The two new positions enable Heuristica to continue its expansion and ensure that it continues to exceed client expectations.

Alan Dingle joins Heuristica as Vice President of Marketing and Business Development. … Read More

Updated Sedona Canada Principles

Recently, the Sedona Conference® published the second edition of the Sedona Canada Principles Addressing Electronic Discovery[1] (the “Principles”).

The Principles provide guidance on best practices for dealing with electronically stored information (ESI) with respect to parties’ discovery obligations. The original version of the Principles, published in January 2008, are referenced in the Ontario Rules of Civil Procedure requiring parties to consult and have regard to the Principles in preparing their discovery plan.[2] Crystal O’Donnell, the founder of Heuristica Discovery Counsel is a contributing editor to the second edition.

There are a number of updates to the Principles and commentary, including an emphasis on the overarching principles of early and meaningful cooperation between counsel (Principle 4) and proportionality (Principle 2).… Read More