Document Production Disputes Exacerbate Access to Justice Challenges in Canada

Document Production Disputes Exacerbate Access to Justice Challenges in Canada

Candice Chan-Glasgow

Director, Review Services and Counsel

 

August 28, 2023

 

Civil courts across the country are facing lengthy delays and backlogs. These growing delays increase costs and deny litigants the ability to access timely financial relief and move on with their lives. Indeed, delay is one of three barriers to access to justice specifically noted by Chief Justice Wagner in his 2018 remarks at the 7th National Pro Bono Conference in Vancouver:

 

It can take a year or more even to get a date for a trial that might last two months. In the meantime, parties suffer financial losses or family disharmony; physical and mental health issues remain unresolved.… Read More

Document Dumps May Cost You

Document Dumps May Cost You

 

Michael Ross

Associate

 

Document Dumps May Cost You

 

A recent decision from the Ontario Superior Court of Justice, Gowing Contractors Ltd v. Walsh Construction Company Canada, 2023 ONSC 4407, confirms there will be cost consequences to parties whose productions contain a significant proportion of irrelevant records.  On a motion for further and better production, the Court considered, inter alia, whether the defendant Walsh had failed to meet its discovery obligations by producing an “astounding 25%” of irrelevant documents.

 

By way of background, the overall litigation relates to an infrastructure construction project. Walsh was the general contractor, Gowing was Walsh’s mechanical subcontractor, and Zurich Insurance Company Ltd.… Read More

We’re Honoured to be Nominated Again – Please vote!

We’re Honoured to be Nominated Again – Please vote!

We are honoured to be nominated this year for three Canadian Lawyer Readers’ Choice Awards.

 

We have been nominated as the best in:

 

  • E-Discovery Software/Solution(s)
  • Litigation Support and E-Discovery Consultant(s)
  • Legal Process Outsourcing/Document Review Services

This is the 9th year Canadian Lawyer has run their Readers’ Choice Awards.  The program is designed to give a voice to their readers to identify which vendors and suppliers are the best at what they do.

 

Voting is anonymous but as an added incentive offered by Canadian Lawyer this year, if you provide your contact information, your name will be entered in a draw for a $200 Amazon gift card.… Read More