Canadian Commissioner of Competition v. Canadian Real Estate Association

Of Counsel

July 28, 2026

Canada (Commissioner of Competition) v Canadian Real Estate Association [2026 FC 574]

Summary

The most interesting aspect of a recent Federal Court decision involving 26,000 privilege claims may not be the law of privilege, but rather what the case reveals about the increasingly industrial nature of modern eDiscovery.

Following the issuance of an order compelling the Canadian Real Estate Association (“CREA”) to produce records and information to the Commissioner of Competition, CREA produced approximately 50,000 records, and a privilege log containing approximately 26,000 entries, 5,000 of which were redacted.

Hundreds of thousands of dollars were spent on document review, which employed large-scale eDiscovery processes to ensure that every document withheld on grounds of privilege had been properly reviewed.… 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