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

ILCO Fellowship Course – Electronic Discovery Practice and Principles

ILCO Fellowship Course – Electronic Discovery Practice and Principles

Leading eDiscovery practitioners from Heuristica Discovery Counsel will once again teach the Institute of Law Clerks of Ontario (ILCO) Fellowship Course “Electronic Discovery Practice and Principles“.

 

Designed for litigation support professionals and law clerks, this course will explore the legal and practical principles of electronic discovery in a legal practice context.

 

Using the Electronic Discovery Reference Model (EDRM) and the Sedona Canada Principles, we will discuss the issues and tasks underlying each phase of the process.  With an emphasis on proportionality and defensibility at every stage, practical information will be covered, including:

 

  • cooperative discovery planning
  • the supporting evidence required for discovery motions
  • and the admissibility of evidence

We also will cover how to best work in a cost-effective manner and bring value to the legal team and client.… Read More

eDiscovery, keyword searching and … Family Law?

eDiscovery, keyword searching and … Family Law?

Candice Chan-Glasgow

Director, Document Review Services

December 19, 2017

 

In a previous blog post “Estates in the Digital Age: Debunking E-Discovery Myths in Estate Litigation” we discussed the application of electronic evidence principles to estate litigation, and noted that electronic discovery principles are not limited to large scale commercial disputes.  A recent Ontario Superior Court of Justice decision demonstrates, once again, that eDiscovery spans multiple areas of law.

 

In Leitch v. Novac, 2017 ONSC 6888, the Applicant, Jennifer, filed an application for, amongst other things, spousal support, child support, and equalization of net family property.  The parties separated on September 29, 2012 after approximately 15 years of marriage. … Read More

Heuristica Delivers eDiscovery Course for ILCO

The team at Heuristica Discovery Counsel led by Crystal O’Donnell, CEO and Senior Counsel, will teach the “e -Discovery Advanced Theory & Practices for Litigation Support” course for The Institute of Law Clerks of Ontario (ILCO).

 

The eight-week course is designed for litigation support professionals and law clerks and explores the legal and practical principles of electronic discovery in a legal practice context.  Using the EDRM and the Sedona Canada Principles, the course provides instruction on the issues and tasks underlying each phase of the eDiscovery process.  Emphasizing proportionality and defensibility at every stage the program includes practical information and covers such things as cooperative discovery planning, the supporting evidence required for discovery motions, and the admissibility of evidence.  … 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