Rethinking Reliability of Digital Evidence

Partner

April 30, 2026

Digital evidence often looks authoritative. A system-generated report, an email chain, a spreadsheet, or a chat export can appear objective and complete. But in litigation, the real question is not whether digital evidence looks reliable. It is whether its reliability can be proven.

As litigation becomes more data-heavy, and as AI-generated or AI-assisted content becomes more common, the reliability of digital evidence deserves closer attention. A digital record is not trustworthy simply because it looks technical, precise, or system generated. Its reliability depends on the system that created it, the controls that preserved it, and the surrounding information that allows it to be tested.… Read More

Amazon Canada Decision – Ten Lessons to be Learned

Martin Felsky

Senior Counsel

January 20, 2026

Large-scale production orders are no longer exceptional. What is surprising is how often sophisticated litigants underestimate what courts now expect when those orders arrive. The Federal Court’s recent decision in Commissioner of Competition v Amazon.com.ca ULC, 2025 FC 1782, arises in a competition-law investigation under the Competition Act. But it would be a mistake to read it as confined to that regulatory context. The Court’s reasoning reflects expectations that increasingly apply across complex civil litigation, particularly cases involving large-scale electronic production. In substance, this is a decision about modern litigation discipline.… Read More

Why PDFs Can Sink Your Case – Preserving Individual Emails the Right Way

Martin Felsky

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

Five Ways to Use Legal Data Intelligence Without Disrupting Your Workflow

Martin Felsky

Senior Counsel

March 12, 2025

Litigation in Canada is more data-intensive than ever. Yet many litigators hesitate to adopt new processes, fearing disruption to their established case strategies and workflows. The good news? You don’t need to change the way you litigate—you just need the right support to optimize how you manage data.

Legal data intelligence (LDI) and eDiscovery solutions integrate seamlessly into your existing litigation framework, allowing you to win cases, reduce risk, and control costs – without overhauling your approach. Here’s how:

1. Early Case Strategy: Use Data to Assess Strengths and Risks Faster

Traditional Approach: Reviewing initial disclosures manually and relying on client-provided documents to gauge case strength.… 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

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