Rethinking eDiscovery – From Risk Management to Ethical Design in the Age of Generative AI

Senior Counsel

August 8, 2025

For the past decade, lawyers adopting best practices in technology-assisted review (TAR) have been guided by one overriding concern: defensibility. Their workflows were built to withstand judicial scrutiny as prescribed by the rules, case law and the Sedona Canada Principles.

That risk-averse approach serves its purpose. But it also entrenches a mindset that treated technology as a liability to be justified rather than as a capability to be unleashed. Today, generative AI invites us once again to shift our professional perspective from defensive compliance to proactive ethical design.

Beyond Defensibility: Toward Trustworthy AI Systems

In the world of generative AI, “defensibility” will no longer need to be treated as a constraint.… 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

Proudly Canadian. What it means to us.

Planning for prosperity regardless of our differences.

Canadians and our friends to the south have strong economic ties that we hope will get back to normal soon. The choice of doing something, or nothing, during a conflict is not an easy one. Our choice… our duty… is to support the rule of law that deeply reflects many of the values we hold true as Canadians.

The same laws apply to everyone regardless of their occupation, level of wealth, race, color, sexual orientation, gender or other personal characteristics. In addition, political influences or popularity polls have no part in a Court of Law.… Read More

The Hidden Risks of Outsourced Document Review – A Strategic Decision for Senior Litigators

Martin Felsky

Senior Counsel

February 18, 2025

In high-stakes dispute resolution, document review is a critical process that shapes case strategy, identifies key evidence, and ensures compliance with disclosure obligations. Outsourcing this task is often practical, but the decision between law firms and document review companies carries significant implications. While document review companies may appear to offer a cost-effective alternative, litigators and clients should be aware of several nuanced risks and misunderstandings that often accompany the use of these services.

Licensing and the Nature of Services Provided

Many document review companies advertise that they employ licensed lawyers to conduct reviews.… Read More

Heuristica’s Lawyers Recognized by Lexology

Heuristica is pleased to advise that more of its lawyers have again been chosen for inclusion in the 2024 Lexology Index (formerly Who’s Who Legal) eDiscovery rankings than those of any other Canadian law firm.

The following have been selected:

Thought Leaders – Commercial Litigation – E-Discovery Lawyers 2024
- Crystal O’Donnell, CEO and Senior Counsel
- Martin Felsky, Senior Counsel

National Leaders – Canada – E-Discovery Practitioners 2024
- Crystal O’Donnell, CEO and Senior Counsel
- Candice Chan-Glasgow, Director, Review Services and Counsel
- Martin Felsky, Senior Counsel
- Kelly Friedman, Chief Legal Data Intelligence Officer and Senior Counsel

These selections are particularly meaningful as two of the nine Canadian lawyers selected as Thought Leaders and four of the 22 Canadian lawyers selected as National Leaders are Heuristica counsel.… Read More