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

Crystal O’Donnell to teach E-Discovery Course

Starting on January 12th, Crystal O’Donnell will teach an e-Discovery course at the Institute of Law Clerks of Ontario (ILCO).

 

The course will be taught at the ILCO Education Centre in Toronto.

 

The course, e -Discovery Advanced Theory & Practices for Litigation Support, is designed for law clerks and litigation support professionals. The course provides students with an understanding of each phase of the e-discovery process, with a focus placed on the Electronic Discovery Reference Model and the Sedona Canada Principles. An emphasis will also be placed on providing students with practical information about cooperative discovery planning, working in a cost-effective manner, and proportionality.… Read More

Updated Sedona Canada Principles

Recently, the Sedona Conference® published the second edition of the Sedona Canada Principles Addressing Electronic Discovery[1] (the “Principles”).

 

The Principles provide guidance on best practices for dealing with electronically stored information (ESI) with respect to parties’ discovery obligations. The original version of the Principles, published in January 2008, are referenced in the Ontario Rules of Civil Procedure requiring parties to consult and have regard to the Principles in preparing their discovery plan.[2] Crystal O’Donnell, the founder of Heuristica Discovery Counsel is a contributing editor to the second edition.

 

There are a number of updates to the Principles and commentary, including an emphasis on the overarching principles of early and meaningful cooperation between counsel (Principle 4) and proportionality (Principle 2).… Read More