READ Kelly Friedman’s COMMENTARY ON THIS IMPORTANT DECISION.
… Read More Supreme Court of Canada Confirms Inferred Intent and Mandatory Consequences for Spoliation of Digital Evidence
Why PDFs Can Sink Your Case – Preserving Individual Emails the Right Way
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
Reconsidering the Presumption of Reliability for Digital Evidence in Canadian Law – A Cautionary Reflection on the UK Horizon Scandal
Senior Counsel
The Canadian legal framework for the admissibility of electronic evidence is grounded in a presumption that digital records generated or stored by a functioning electronic system are reliable. Codified in sections 31.1 to 31.8 of the Canada Evidence Act (CEA), this presumption was introduced in 2000 to accommodate the growing volume of digital records and to promote efficiency in legal proceedings.
… Read More Heuristica to present at Canadian Corporate Counsel Association Conference
We are pleased to present at and sponsor the 2022 CCCA “Deconstructed” Conference being held virtually May 3rd to 19th.
The CCCA has designed a “deconstructed” virtual national conference throughout May to fit into attendees’ schedules. Registrants create their own experience by attending one, a few, or all the presentations, workshops and panels from May 3 to 19.
Heuristica is pleased to sponsor the following workshop on Tuesday, May 10th from noon to 1 pm:
Minimizing Cost and Risk Associated with Electronic Evidence / Information Disclosure
Virtually all corporate information and documents are electronic in origin now.… Read More
eDiscovery Issues: Spoliation and Intent
Associate
October 28, 2021
In a recent US decision, Cretacci v. Hare, No.: 4:19-CV-55-SKL (E.D. Tenn. Jan. 20, 2021), the court found that the plaintiffs failed to prove that the defendants intentionally deprived them of the video evidence of an alleged assault as required under Rule 37 of the United States Federal Rules of Civil Procedure. The defendants had received a written request to preserve the video evidence from the plaintiff’s counsel within 30 days of an alleged assault but took no reasonable measures to preserve the requested video, and the video was later deleted.… Read More