R. c. Société Telus Communications est un autre exemple jurisprudentiel intéressant de l’application du droit général à la protection contre les fouilles, les perquisitions et les saisies abusives garanti par l’article 8 de la Charte canadienne en fonction du progrès technologique. La Cour suprême a dû se prononcer sur la validité d’un mandat général obtenu… → Read More
Category Archives: E-Discovery
Subscribe to E-Discovery RSS FeedStatus Update: Social Media in the Changing Landscape of Litigation in Canada
Posted in E-Discovery, PrivacyInformation disseminated through social media platforms such as Facebook and LinkedIn is of growing utility in litigation matters. Evidence obtained from social media accounts by way of discovery preservation and production orders has significantly strengthened the positions of litigating parties. This should come as no surprise as individuals routinely “post” messages, thoughts, pictures and experiences… → Read More
Custodian Self-Collection and Employee-Based Searching – Evaluating Adequacy
Posted in E-DiscoveryCan employees be trusted to search their own records in response to an e discovery request? What documentation is required to demonstrate “search accuracy” in self-collection? What if the custodians get it “wrong”? These are some of the questions addressed in the Opinion and Order filed July 13, 2012 in National Day Laborer Organizing Network… → Read More
Where the Money Goes: Rand Institute’s Report Highlights Companies’ e-Discovery Spend
Posted in E-DiscoveryWhat are the costs associated with different phases of e-discovery production? How are these costs distributed across internal and external sources of labour, resources, and services? And how can these costs be reduced without compromising quality? The Rand Institute for Civil Justice’s April monograph, “Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery”… → Read More
Preserve Documents in the Face of Litigation
Posted in E-DiscoveryWith the massive number of emails and other electronic documents generated today on a daily basis, organizations face tough challenges in preserving documents in the face of litigation. In Voom HD Holdings LLC v. EchoStar Satellite LLC, Index No. 600292/08, 2012 NY Slip Op 00658 (January 31, 2012), the New York Appellate Division provides some timely guidance on what steps… → Read More
Video – Understanding Canadian e-Discovery
Posted in E-DiscoveryThe production of electronic records is a central concern in all forms of litigation and government and regulatory investigations and proceedings. Strategies and trial outcomes can turn on the burden, costs and potential pitfalls surrounding the management of this process. McCarthy Tétrault LLP has launched “Understanding Canadian e-Discovery,” a video that introduces and demystifies the… → Read More
Surprising Results from an e-Discovery Survey
Posted in E-DiscoveryA recent survey on information retention and e-discovery practices, undertaken by a large IT service provider, yielded some surprising results. The purpose of the survey was to better understand how companies are responding to litigation and regulatory requests for information despite an increasing amount of data from a growing number of sources. The survey also… → Read More
Document Preservation – Five Steps to Take if You are Sued
Posted in E-DiscoveryParties to litigation have an obligation to produce all documents under their care, control or power. Under most rules of court, “documents” include items created electronically, such as standard office suite documents, e-mails, text messages, voice message records and other electronic artifacts. Often, a failure to produce a document relevant to the issues in the… → Read More
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