E-Discovery in Canada, 3rd Edition
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Managing digital information and records has never been more important than it is today. With all litigation now requiring the discovery of electronically stored information, managing the phases of e-Discovery in a practical and cost-effective manner is paramount.
This expanded and updated third edition of E-Discovery in Canada covers everything readers need to know about conducting e-Discovery, from preservation to proportionality to costs. The book is authored and complied by Susan Wortzman, one of Canada's most respected e-Discovery lawyers, and a team of experienced contributors.
- Addresses Canada's unique e-Discovery issues –
- Examines some of the recommendations, principles, guidelines and best practices that have emerged over the past several years
- Highlights the most relevant e-discovery-related changes to the various rules of court
- Describes Project Management principles in the e-Discovery process –
- Obtain a complete understanding of how to structure the project to mitigate or eliminate scope creep and other e-Discovery challenges
- Dedicated IT Chapter –
- Grasp the complex terms that are often encountered in an e-Discovery project
- Valuable Appendices –
- Updates to the Sedona Conference principles with detailed commentary
- Updated chart comparing the civil procedure rules of each Canadian jurisdiction with regard to relevance and proportionality
What's New in this Edition?
- New chapters and content on topics including: e-discovery and project management, collaboration and co-operation between counsel, preservation and destruction of electronically stored information in Ontario, identifying, collecting and processing electronically stored information (ESI), analyzing ESI using Technology Assisted Review (TAR), and managed review best practices
- Updated case law including the SCC pronouncement on proportionality, Hryniak v. Mauldin
- Explains the preservation and destruction of ESI – the challenges of preserving ESI, the Sedona Canada principles, steps to identify and preserve ESI, the law of spoliation, and where these preservation obligations are heading
- Clarifies the critical steps of identifying, collecting and processing ESI – how to identify sources of ESI using informational data maps and conducting custodian interviews; how to collect ESI; how to process ESI
- How TAR and associated techniques are used to identify, collect, process and review records; how they can be used in almost any phase of the e-Discovery process
- Best practices for managed review and tips to achieve cost savings
- Updated information on the costs of e-Discovery – includes cost guidelines in Canada and practical approaches for cost containment
Who Needs this Book?
- Litigation lawyers – every litigator must have a basic understanding of how the e-Discovery process works, and be familiar with the Rules and jurisprudence relating to e-Discovery
- In-house lawyers – discovery may be necessary as a result of a civil litigation, criminal investigation, regulatory enquiry, internal investigation or simply in the context of a regulatory compliance disclosure. This text serves as a guide for in-house lawyers that are advising the corporation on how to establish a process for responding to such discovery requests (i.e. when compelled to produce electronically stored information)
- Law clerks/paralegals – all members of the litigation support team need to have a basic understanding of how the e-Discovery process works and which Rules apply and how to apply them
- Judges – as a reference to guide in the process of formulating and rendering a decision in the area of e-Discovery
- Law libraries – a valuable addition to any collection of books on civil procedure and discovery practices
Table of contents
Chapter 1: The Canadian Experience
Chapter 2: IT – A Lawyer's Primer
NEW Chapter 3: Project Management and E-Discovery
Chapter 4: Proportionality
NEW Chapter 5: Collaboration and Cooperation between Counsel
NEW Chapter 6: Preservation and Destruction of Electronically Stored Information in Ontario
NEW Chapter 7: Identifying, Collecting and Processing Electronically Stored Information
NEW Chapter 8: Analyzing ESI – TAR and Beyond
NEW Chapter 9: Managed Review – Best Practices
Chapter 10: Privilege and E-Discovery
Chapter 11: The Costs of E-Discovery
Chapter 12: Privacy and E-Discovery
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