Data mapping is a critical and common aspect of the eDiscovery electronic data ‘Identification’ process. In a nutshell, a data map is a high-level description of the types and locations of documents and information produced and stored by an organization. Data maps greatly simplify the processes of preservation and collection for a legal team involved in litigation. In this paper we contrast the robust, cost intensive approach to data mapping that makes sense for large organizations operating in litigious environments, particularly in the U.S., with the more pragmatic case-based approach that is the norm for smaller Canadian organizations. More...
Disputes are a fact lof life in the construction industry. So much so that that the industry has pioneered a wide range of alternative dispute resolution methodologies, many designed to avoid permanently alienating the opposing party, who may well be on the same side in the next project. The most common methodologies, namely litigation, arbitration, mediation and negotiation, each have their pros and cons. In this paper we discuss the relative merits of these formats and the role of eDiscovery in each. We also provide some insight into the unique challenges of construction eDiscovery and offer a series of best practice recommendations. More...
Many Canadian organizations are unaware that they may fall under the stringent U.S. eDiscovery sanction norms by simply doing business in the U.S., or even investing in U.S. or international financial instruments. In "Pension Committee Update" we revisit the seminal 2010 "Pension Committee of the University of Montreal" case and highlight the sanctions for failure to preserve data awarded against five Canadian organizations that invested in two British Virgin Island-based hedge funds. More...
As one of the highest profile forms of litigation, the damage that a class action filing on the reputation of even the most reputable of defendant companies is astounding. Preparation for eDiscovery is a key element in an organization's response. More...
Held on April 5th, 2011, this special session of the 2011 ILCO Fellowship Course on eDiscovery was presented by H&A eDiscovery Inc. Students and alumni of this ILCO Fellowship Course were privileged to interact with a distinguished group of panelists, each of whom provided their perspectives on the current and future challenges of eDiscovery in Canada. (Reprinted from the Law Clerk's Review newsletter, The Institute of Law Clerks of Ontario, April 2010.) More...
Litigation Readiness. Interesting phrase, but what does it mean? Can any organization ever truly be ready for litigation? In the world of eDiscovery, 'litigation readiness' has specific connotations and can play a critical role in the manner in which an organization is able to manage its responsibilities in future litigation. More...
Ontario courts made progress in 2010 in terms of defining what a Discovery Plan should include and what happens when opposing parties fail to reach agreement on a Discovery Plan. In this first of a two-part series, we review the response of Ontario courts to Discovery Plan non-compliance on the part of several litigants. More...
In this second of a two-part series, we review several examples of court-endorsed discovery plans and contrast them to the amended Ontario Rules of Civil Procedure Rule 29.1.03 "Contents" and the Ontario E-Discovery Implementation Committee's Model and Sample Documents. More...
With over 90% of new information being stored electronically, and billions of emails being sent daily, key evidence is likely to be stored electronically, not on paper. Society’s increased reliance on computers poses new advantages and new challenges for the legal community, as information that used to be inaccessible is now available. More...
You’ve received a request for electronic discovery – where do you begin? In this paper we’ll look at how you can develop an eDiscovery response strategy for your corporation by gathering answers to five famous questions – who, what where, when, and why, and by forging strategic relationships with both internal and external resources. More...
In any random collection of electronic and scanned documents there exists a significant amount of duplicate information. While exact duplicate electronic documents are easily identified, similar-documents(or near-duplicates) are not absolutely identical and are consequently much more difficult to identify. Using technology to group similar-documents and code them in the same manner, rather than reviewing and coding them individually, can save significant document review time and ultimately reduce review costs. More...
Anton Piller Orders have been available as an option for litigators for quite some time (the first such order was issued in the case of Anton Piller KG vs Manufacturing Processes Limited in 1976). However, until lately, the issuance of an Anton Piller Order was quite rare. The relatively recent introduction of digital evidence into litigation, combined with digital data’s volatile nature, has led to a significant increase in motions for Anton Piller Orders. More...