Federal Court of Appeal: No Public Interest Class Privilege

Director, Document Review Services

February 26, 2018

In Vancouver Airport Authority v. Commissioner of Competition, 2018 FCA 24, the Federal Court of Appeal denied the Commissioner of Competition a public interest class privilege over documents obtained during an investigation.

The investigation related to the Airport Authority’s decision to allow only two in-flight caterers to operate at the Vancouver International Airport. The Commissioner alleged that the Airport Authority behaved in an anti-competitive manner, resulting in “higher prices, dampened innovation and lower service quality”.

The Commissioner’s initial affidavit of documents listed 11,500 relevant documents. Approximately 9,500 of these records were withheld on the basis of an alleged public interest class privilege. … Read More

Redacting Non-Relevant Information

Candice Chan-Glasgow

Director, Document Review Services

January 29, 2018

Earlier this month, the Ontario Superior Court of Justice reviewed the general principles applicable to the redaction of relevant documents. In Qaddoura et al. v. Walkom et al., 2018 ONSC 20, the defendants brought a motion to compel the plaintiff to answer undertakings and refusals given at her continued examination for discovery.

The plaintiff’s claim related to injuries sustained in a motor vehicle accident and involved a significant claim with respect to loss of income and future care costs. The plaintiff undertook to provide the defendants with updated records from her family physician.… Read More

eDiscovery, keyword searching and … Family Law?

Candice Chan-Glasgow

Director, Document Review Services

December 19, 2017

In a previous blog post “Estates in the Digital Age: Debunking E-Discovery Myths in Estate Litigation” we discussed the application of electronic evidence principles to estate litigation, and noted that electronic discovery principles are not limited to large scale commercial disputes. A recent Ontario Superior Court of Justice decision demonstrates, once again, that eDiscovery spans multiple areas of law.

In Leitch v. Novac, 2017 ONSC 6888, the Applicant, Jennifer, filed an application for, amongst other things, spousal support, child support, and equalization of net family property. The parties separated on September 29, 2012 after approximately 15 years of marriage. … Read More

Candice Chan-Glasgow Elected Secretary of E-Discovery Implementation Committee

We’re thrilled to congratulate Candice on being elected Secretary of the Ontario e-Discovery Implementation Committee (EIC).

Candice is Heuristica’s Director of Legal Review Services and leads our team of document review counsel.

The Ontario E-Discovery Implementation Committee (EIC) is a committee of lawyers, judges, and legal technologists with a mandate of recommending, promoting, and implementing thought leadership, best practices, and law reform with respect to information management, discovery, litigation support, and paperless proceedings.

For more information about the EIC please visit their web site here.

Heuristica Invited to Speak at Ontario e-Discovery Institute

Crystal O’Donnell, Heuristica’s Chief Executive Officer and Senior Counsel, will speak as part of the “e-Discovery Resources – What is New” panel at the upcoming e-Discovery Institute 2017 to be held downtown Toronto on October 16, 2017.

Now in it’s 7th year, the full-day event brings together leading experts to discuss the latest developments in e-Discovery and Information Governance. In a panel intended to update attendees on recent e-Discovery initiatives, Crystal will provide an update on the work of the Uniform Law Conference of Canada, of which she is the Chair of a working group drafting proposed harmonized electronic document Rules for all civil and administrative proceedings in Canada.… Read More