Cost-Effective Document Disclosure in Construction Arbitration

Senior Counsel

October 22, 2021

There are four rules-based approaches to document disclosure in legal disputes. From broadest to narrowest they are:

Relevant: Each party discloses all documents relevant to the issues in dispute.
Responsive: Each party discloses documents responsive to requests by the other party.
Material: Each party discloses only those documents that could have an impact on the outcome of the dispute.
Reliance: Each party discloses only those documents upon which it intends to rely.

Each of these approaches is often supplemented by two underlying principles: first, a party can always be ordered to produce a document the arbitrator deems relevant (which enhances fairness but expands disclosure), and second, all disclosure models may be subject to proportionality, so that the cost of disclosure does not overtake its value to the parties.… Read More

Avoid Motion Delays with Heuristica’s Discovery ADR Service

Heuristica’s Discovery ADR Service, provided by knowledgeable and experienced counsel, is a time and cost-effective way to deal with eDiscovery and electronic evidence disputes.

As you know, substantive issues can easily get bogged down in skirmishes about pre-trial discovery. You’ve likely experienced parties who act unilaterally to limit the scope of data preservation, refuse to engage in discussions toward a discovery plan, or refuse to exchange productions in a usable format. Some of these tactics can be part of a broader scheme to delay proceedings or game the rules to advantage. However, whatever the reason, pre-trial discovery issues are often complicated by technical issues that are unfamiliar to counsel, such as forensic capture, metadata extraction, or structured load files.… Read More

O’Donnell and Felsky Selected as eDiscovery Thought Leaders

We are happy to advise that both Crystal O’Donnell, the firm’s founder and CEO, and Martin Felsky, Senior Counsel, have been selected by the international Who’s Who Legal (WWL) as 2021 eDiscovery Thought Leaders.

The selection is particularly meaningful as two of the only seven people selected in Canada are from Heuristica.

Brian Pel, the firm’s COO and Senior Counsel said “the selection of both Crystal and Martin following both peer and client review is a testament to the progress the firm has made to be the leader in eDiscovery law and practice in Canada”.… Read More

O’Donnell and Felsky Contribute to eLitigation Course

The firm is excited to contribute to the University of Calgary Law School‘s innovative new eLitigation course.

Crystal O’Donnell, the firm’s founder and CEO, is co-instructing the course and Martin Felsky, Senior Counsel, will contribute as a guest lecturer.

The course, taught by Assistant Professor Gideon Christian, is a specialized civil litigation course that seeks to introduce students to the practice of litigation in the era of social distancing. The intent is to develop the knowledge and practical skills necessary to initiate and conduct litigation using electronic technology, and to foster specialized competence in the commencement and conduct of civil proceedings virtually. … Read More

Felsky Speaks at Legal Innovation Forum

Martin Felsky, Senior Counsel, will participate as part of the panel discussion on Defining, Developing and Executing an Impactful Legal Technology Strategy at the Western Legal Innovation Forum.

The third annual Western Legal Innovation Forum, focused on BC and Alberta’s legal sectors, returns in a virtual format on the afternoons of November 25th and 26th. Heuristica is proud to be a presenting sponsor.

This year’s forum focuses on the latest developments in Western Canada at the intersection of business, innovation and law, and how the region’s legal sector is responding to the ongoing disruption caused by the COVID-19 pandemic.… Read More