December 13, 2017
Senior associate Molly Reynolds has spoken to Law Times about the important role planning and communication with opposing counsel has for good e-discovery.
The article says “[w]hen it comes to e-discovery, Ontario’s Rules of Civil Procedure make having a discovery plan mandatory.” Molly says it’s that requirement—accompanied by good communication with opposing counsel—that can make for a smoother process.
“The breadth that we take in our approach from the very beginning in discovery planning really has a trickle-down effect on all of the costs going forward,” Molly told Law Times.
“It is very helpful, even in smaller document cases, but, of course, in large document cases where you might have to be searching across many different employees or custodians, [to look at] at many different data sources,” she said.
Having a plan and open communication is the best approach to mitigate any hurdles if it’s discovered a search pattern is slightly askew, Molly added.
“Build in the opportunity to come back and discuss when what you thought was proportionate and reasonable at the outset [and then it] turns out that it’s not,” she said.
Learn more about Torys’ litigation and dispute resolution work by heading to the practice page.