US Case Law Update: Failing to suspend routine document retention process leads to sanctions

December 15, 2021

In a recent case from the United States, the failure to properly implement a legal hold led to a motion for spoliation sanctions.

In Mahboob v. Educ. Credit Mgmt. Corp., Case No.: 15-cv-0628-TWR-AGS (S.D. Cal. Mar. 1, 2021), the plaintiff alleged that the defendant failed to suspend its two-year document retention policy, which resulted in the loss of months of relevant call data and recordings. Countering, the defendant argued that the plaintiff’s motion should be denied due to unreasonable delay.

In the result, the Magistrate Judge granted the plaintiff’s motion for spoliation sanctions, in part. … Read More

Discovery in the Yukon

Vladyslav (Vlad) Strashko

Associate

October 20, 2021

A recent decision, Chance Oil and Gas Limited v Yukon (Energy, Mines and Resources), 2021 YKSC 44 (CanLII) , provides a good window into the discovery process in the Yukon.

In this case, both sides filed applications to compel each other to meet their document discovery obligations. The plaintiff claimed that the defendant grossly under-produced by listing only 445 documents in its affidavit of documents. The defendant alleged that the plaintiff, in contrast, overproduced by listing over 34,000 documents, some of which were not relevant.

First, the court pointed that the expression “every document relating to any matter in issue in an action” relating to disclosure obligations in Rule 25 of the Rules of Court has been given a broad and liberal interpretation by the courts.… Read More

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

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?

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

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