Felsky is Panelist on Sedona Canada Webinar

Felsky is Panelist on Sedona Canada Webinar

Martin Felsky will participate as a panelist on The Sedona Conference Webinar on The Sedona Canada Commentary on Privacy and Information Security for Legal Service Providers:  Principles and Guidelines.


The legal world’s reliance on technology has created incredible efficiencies and as a result, personal and confidential information (“PCI”) is more readily available and at greater risk of being compromised.  Law firms and legal service providers are targets by hackers and data thieves.


Law firms and legal service providers have heightened responsibilities to protect the information entrusted to them.  They are subject to the same federal and provincial statutory regulations regarding data privacy and data security as other business entities but are also subject to professional ethics rules regarding technological competence and client confidentiality.… Read More

Firm Sponsors Digital Evidence & E-Discovery Institute

Firm Sponsors Digital Evidence & E-Discovery Institute

Heuristica is pleased to sponsor the 9th Annual Ontario Digital Evidence and E-Discovery Institute on Monday, November 18th at the Ontario Bar Association Conference Centre in downtown Toronto.


This popular full-day program brings together leading experts to talk about the latest developments in ediscovery and digital evidence.  The faculty will focus on the lifecycle of an ediscovery project, e-trials, and the use of digital evidence beyond traditional civil litigation.


Attendees will:


  • gain practical insight to effectively manage electronically stored information
  • benefit from a close look into technology assisted review
  • learn how to choose the right technology
  • learn how best to work with a vendor
  • find out what is happening at Sedona Canada
  • learn how to manage the ethical issues that arise with digital evidence and when using technology in discoveries

The Institute is a joint program of the Ontario Bar Association, The Law Society of Ontario, and The Advocates’ Society.… Read More

Heuristica Sponsors ILCO Education Awards

Heuristica Sponsors ILCO Education Awards

Heuristica is pleased to sponsor The Institute of Law Clerks of Ontario (ILCO) Annual Education Awards Luncheon at the Ritz-Carlton Hotel in Toronto on March 3rd, 2018.


This event acknowledges and honours ILCO’s highest achieving students in their Associate and Fellowship courses from the prior academic year.


For several years Heuristica Discovery Counsel has instructed the eDiscovery Advanced Theory & Practices for Litigation Support Fellowship Course.


For more information about the eDiscovery Fellowship course or to register please visit the ILCO web site here.


For information about how Heuristica can deliver customized eDiscovery training to your litigation team please contact us at info@discoverycounsel.caRead More

Heuristica Teaches Law Clerk eDiscovery Fellowship Course

Heuristica Teaches Law Clerk eDiscovery Fellowship Course

Several members from the firm will once again teach The Institute of Law Clerks of Ontario (ILCO) 2018 eDiscovery Advanced Theory and Practices for Litigation Support Fellowship Course.


The  eDiscovery Fellowship 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 Electronic Discovery Reference Model (EDRM) and the Sedona Canada Principles, participants 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. … 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