Heuristica Proposes Better Disclosure Rules for Construction Arbitration

Despite some initial trepidation, lawyers arbitrating construction cases by teleconference have found the “new normal” to be efficient and cost effective. But the inconveniences associated with face-to-face arbitrations are minuscule compared to the costs and risks associated with the document disclosure process. We need a “new normal” way to request and produce relevant documents in a virtual process.

It’s time to consider a standard, simplified disclosure rule that takes advantage of available technology to improve the outcomes of construction arbitration.

In our experience, many of the pain points associated with the exchange of documents could have been avoided had the parties adopted a mutually agreeable framework at the outset of a matter, and prior to the review and exchange of productions.… Read More

Virtual Hearings – Here to Stay?

Candice Chan-Glasgow, Director, Review Services and Counsel

July 24, 2020

On July 6, 2020, courtrooms in certain locations across Ontario resumed in-person proceedings, and each week, additional courtrooms across the province are continuing to re-open.

However, Chief Justice Morawetz’s July 21, 2020 Notice to the Profession recognizes that not all participants may be comfortable attending a courthouse during the COVID-19 pandemic, and that virtual hearings should be explored when requested.

Counsel and parties facing a request for a virtual hearing should consider Justice Myers’ recent order that an examination for discovery proceed by video conference. Justice Myers wrote in Arconti v.… Read More

O’Donnell appointed Chair of CanLII and Lexum

We are proud to share that Crystal O’Donnell, the firm’s Founder and CEO, has been appointed the new Chair of the Canadian Legal Information Institute (CanLII) and Lexum.

CanLII provides free access to Canadian court cases, legislation, and commentary. It was founded, and is paid for, by the lawyers and notaries who are members of Canada’s provincial and territorial law societies, which comprise the Federation of Law Societies of Canada.

Lexum is a software company that designs and operates online legal information delivery products and specializes in the management and the publishing of legal information over the internet. … Read More

Vicars featured in Women Leading in Law Series

Lynne Vicars, Heuristica’s Chief Innovation & Strategy Officer and Senior Counsel, was recently featured in the Women Leading in Law series by Erin Cowling, of Cowling Legal Freelance.

In the article Lynne recounts a truly fascinating journey from her typing class in high school, to university, to how she ended up attending law school, to after graduating working at smaller firms in Alberta, then as inhouse counsel at a national bank, to her term as the Ontario Bar Association (OBA) President and finally to Heuristica where she is the firm’s Chief Innovation and Strategy Officer.

You can read the full article here.… Read More

O’Donnell and Felsky Identified as eDiscovery Leaders

We are very pleased that both Crystal O’Donnell, the firm’s founder and CEO, and Martin Felsky, Senior Counsel, have been identified again by Who’s Who Legal as Global and Canadian leaders in eDiscovery.

O’Donnell and Felsky have been identified as Global Leaders in eDiscovery and two of only 22 leading eDiscovery practitioners in Canada. Who’s Who Legal says they “have been selected for their outstanding skill and experience at advising clients from a range of sectors in complex document discovery projects.”

Martin has been identified as one of the three most highly recommended eDiscovery practitioners in Canada and “is technically excellent according to impressed sources who highlight his superb work on ediscovery and evidence management”. … Read More