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Category Archives: E-Discovery

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McCarthy Tétrault Acquires Wortzmans, Canada’s Leading e-Discovery Law Firm

Posted in E-Discovery

On January 4, 2017, McCarthy Tétrault announced it had acquired Wortzmans, Canada’s leading e-discovery law firm. This acquisition marks another first for McCarthy Tétrault and solidifies its role as an innovative leader in the legal market. The Wortzman team will be integrated into McCarthy Tétrault and Susan Wortzman will join the firm as an equity partner…. → Read More

Document Discovery and Native Documents – Document Production Must be “Usable”

Posted in E-Discovery

The recent Alberta case of Bard v. Canadian Natural Resources, 2016 ABQB 267 provides a road map for compelling the production of native electronic documents in “usable” form. In the underlying claim, the plaintiffs alleged that the defendants (“CNRL”) had improperly accounted for credits and debits deposited to an account, which determined the plaintiffs’ (“Devon”)… → Read More

No Right to Compel Predictive Coding/Technology Assisted Review (TAR)

Posted in E-Discovery

A recent decision of the United States District Court, Northern District of California affirmed that a litigant has no right to compel the other party to use technology assisted review (“TAR”) or predictive coding* to identify relevant documents.  (See also Hyles v. New York City, 2016 WL 4077114, at *2-3 (S.D.N.Y. Aug. 1, 2016); and… → Read More

Privilege and Privacy in the Context of Company Email: Recent Canada vs US Cases

Posted in E-Discovery

Peerenboom v Marvel Entertainment (2016 NY Slip Op 31957(U))  is drama-driven case in which the New York County Supreme Court afforded Toronto businessman Harold Peerenboom the right to obtain the private emails of Isaac Perlmutter, the CEO of Marvel Entertainment Inc (“Marvel”). Perlmutter had claimed privilege over the emails; Peerenboom – who ultimately prevailed –… → Read More

Deletion of Browser History to Prevent Embarrassment Not Spoliation

Posted in E-Discovery, Privacy

In Catalyst Capital Group Inc v Moyse, 2016 ONSC 5271 the Ontario Superior Court considered whether the defendant, Brandon Moyse, who deleted his Internet browsing history from his personal computer in the face of a preservation order, had intentionally destroyed relevant evidence, giving rise to spoliation.  Spoliation is an evidentiary rule that gives rise to a rebuttable… → Read More

No Waiver of Privilege for Contractor Emails on Company Account

Posted in E-Discovery, Privacy

Can a company which provides a corporate e-mail account to a contractor, and then gets into a legal dispute with that contractor, use the contractor’s emails in that corporate account in the litigation? The answer appears to be no, in certain circumstances. The Facts A company engaged a contractor who provided it with certain services, and in this… → Read More

New Edition of the Sedona Canada Principles for E-Discovery

Posted in E-Discovery

Recently, the Sedona Conference Working Group 7 published the Second Edition of the Sedona Canada Principles Addressing Electronic Discovery (the “Sedona Principles”). [Link: https://thesedonaconference.org/download-pub/4432]. The Sedona Principles provide guidance on best practices for dealing with electronically stored information with respect to parties’ discovery obligations. Litigation counsel and in house counsel will want to acquaint themselves… → Read More