Calgary eDiscovery Seminar Series – Register Now!

Calgary eDiscovery Seminar Series – Register Now!

We are pleased to announce that, beginning in mid-February, we will sponsor and teach an eight-part legal eDiscovery Seminar Series in downtown Calgary on the fundamentals of modern discovery practices, including developments in case law. 


Unless it is a hand-written note, physical or oral evidence, all evidence is electronic.  Over the last number of years, Canadian case law and procedural rules have changed to recognize this reality.


Recent developments can have a significant impact on litigation/arbitration and regulatory proceedings as well as on our professional obligations and responsibilities to provide clients with advice and strategy to effectively deal with electronic evidence in a defensible and proportionate manner.… Read More

Court Orders Non-Parties in Parallel Action to Produce Documents

Court Orders Non-Parties in Parallel Action to Produce Documents

June 11, 2018


In Schwoob v. Bayer Inc., 2018 ONSC 166 (CanLII), a product liability class action, the Ontario Superior Court of Justice ordered two non-parties affiliated with the defendant corporation to produce 2,900 documents that they had produced in a parallel U.S. class action proceeding.


The plaintiffs brought a claim against Bayer Inc. (“Bayer Canada”) and two affiliated companies, Bayer Healthcare Pharmaceuticals Inc. (“Bayer U.S.”) and Bayer Pharma AG (“Bayer Pharma”), in 2010, on behalf of women in Ontario who had taken certain prescription oral contraceptives.  The claim alleged negligence in the design, testing, distribution, marketing and sale of the contraceptives, as well as failure to adequately warn of the risk of adverse consequences.  … Read More

Heuristica Speaks at Privacy and Data Governance Conference

Heuristica Speaks at Privacy and Data Governance Conference

Crystal O’Donnell, Heuristica’s Chief Executive Officer and Senior Counsel, will speak at the National Privacy and Data Governance Congress in Calgary on April 6, 2017.

Organized by the Privacy and Access Council of Canada (PACC) the 2017 Annual Congress is entitled “A World of Change“.  The three-day event running April 5th to 7th provides attendees an opportunity to explore leading issues at the crossroads of privacy, access, security, law and technology and to network with peers and colleagues from industry and government.


Crystal will speak about Balancing Proportionality and Privacy Protection in eDiscovery.  For more information about what her session will include please read the abstract.… Read More

Failure to Preserve Results in Costly Review of Backup Tapes

“This litigation has been exceptional in its breadth, venom and expenses.” ­? Justice Turnbull


In Verge Insurance Brokers v. Richard Sherk et al., 2016 ONSC 4007, the defendants brought a motion seeking an order compelling the plaintiff to produce and review 66 backup tapes. The plaintiff objected on the grounds of proportionality and provided evidence that the exercise would cost an estimated $300,000.


Justice Turnbull ordered the plaintiff to restore and review the 66 backup tapes, despite the estimated cost of at least $300,000. Turnbull J., recognizing the exceptional cost, also made the point that had the plaintiff complied with an earlier order of the court, and properly preserved the relevant information, the motion would not have been necessary.… Read More

Collaborative Discovery Required

In Thompson v Arcadia Labs Inc, the plaintiffs brought a motion for relief requesting, among other things, several orders related to discovery. The plaintiffs are consultants that provided services to the defendant cybersecurity firm.


The parties did not agree on a protocol for exchanging documents, which resulted in unilateral attempts to satisfy production obligations. Master MacLeod, as he then was, (Master MacLeod was recently appointed a judge of the Ontario Superior Court of Justice) found that parties cannot take a unilateral approach to production and that cooperation is critical for defensibility and proportionality.


During the course of their business relationship, the plaintiffs created documents for the defendants, which were uploaded to a website.… Read More