May 17, 2010
With the revised Rules of Civil Procedure in effect, lawyers face a new reality of modern litigation. But many litigators are still reluctant to embrace e-discovery. David Outerbridge believes some lawyers are trying to remain "blissfully ignorant", even though the Rules do not significantly change current practice in many disputes.
"It varies considerably from case to case," says David. "It is only in complex electronic cases that the Rules make big changes. In simpler cases, people are largely agreeing to do what they did before."
Nevertheless, David believes the new Rules will slowly change things. "The e-aspect of a case is no longer the exception. It's the rule. Everyone has got email. The reality is that people are forced to look at the e-aspect."
One of the Rules' changes that has a particular impact is the direction for lawyers to consider the 12 Sedona Canada principles, a set of guidelines and best practices for doing e-discovery. "The Ontario Rules are unique in that they specifically consider the Sedona Canada principles," says David. "I expect they'll be finding their way into case law."
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