• 05/12/2009
    6:56 PM
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More on Canada and E-discovery

Although e-discovery is a challenging process in any country, I believe that Canada has done a better job of controlling runaway costs related to e-discovery.
In a recent post I wrote a very brief introduction to e-discovery in Canada. I work closely with e-discovery technologies and trends in the American judicial system and was intrigued by the differences between e-discovery in these national court systems.

I was glad to receive a comment on the post from Canadian e-discovery expert Peg Duncan, who clarified some of my remarks. Peg is one of the people who developed the e-discovery guidelines for the province of Ontario. She is deeply involved in Sedona Conference WG7 (Sedona Canada) as a member of the Steering Committee. Peg wrote that the Judicial Council's practice direction for civil eDiscovery was less concerned with activities like meet-and-confer and more concerned with activities related to production.

"... The judicial guidelines are less about electronic discovery than they are about electronic production - i.e. getting the documents to the other parties and into court in electronic form, whatever format they may have been stored in."

Fair enough. Production -- and presentation too -- are valid e-discovery stages as per the EDRM model. They can also be complex undertakings, and require clear communication and lines of responsibility between parties.

We agreed on Sedona's proportionality principles.

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