Martin Felsky

Lexum E-Discovery Canada 
Common Law Case Law Digests  (Peg Duncan)
Electronic Discovery Reading List (Peg Duncan)
New Rules for Nova Scotia  (PDF)
New Rules for Ontario (January 2010)
Ontario E-Discovery Implementation Committee Precedents
The Sedona Canada Principles Addressing Electronic Discovery (2008)

Interactive Annotated Version
PDF Version with Commentary

Had a call this morning from a lawyer at a reputable mid-market firm who is keen to get his e-discovery committee off the ground with some policies and procedures. He knows that by January he and his Toronto colleagues will have to prepare discovery plans and deal with the realities of e-discovery. However, he is [...]

It’s starting to happen! According to Master Calum MacLeod the Ontario Rules Committee has recently given approval in principle to several discovery reform initiatives, including PROPORTIONALITY and requirement for DISCOVERY PLANS.

The judges of the Supreme Court of Nova Scotia have tentatively approved new Civil Procedure Rules. Part 5, relating to Disclosure and Discovery, have been completely reworked to deal with electronic discovery and the exchange of documents in electronic form.

For those who have been patiently awaiting access, the final PDF versions are available here at ediscoverycanada.com on the Downloads page.

The Sedona Canada Principles Addressing Electronic Discovery are now finalized and have been published. You can find them on The Sedona Conference web site at http://www.thesedonaconference.org and on the E-Discovery Canada web site, hosted by LexUM, at http://www.lexum.umontreal.ca/e-discovery.

At a meeting of the Council, the National Model Practice Direction drafted by the Judges Technology Advisory Committee (“JTAC”) after extensive consultation, was unanimously approved.

The Court of Queen’s Bench has developed Practice Note 14 to provide guidance to the legal profession and the public regarding the preparation, management and presentation of electronic evidence. This Practice Note was developed after extensive consultation with members of the profession representing law firms of all sizes, sole practitioners, and litigation support professionals.

The French translation of The Sedona Canada Principles – "Sedona Canada: La Production des Documents Electroniques (Mai 2007 Version Publique Pour Commentaries)" – is now posted on the Sedona Conference web site:
http://www.thesedonaconference.org/dltForm?did=5_07SedonaCanadaFrancois.pdf
[sic]

The Judges Technology Advisory Committee of the Canadian Judicial Council will be meeting on May 4, 2007, to discuss, among other agenda items, the draft Practice Directions completed last February.