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
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
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.
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
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