Counsel Molly Reynolds has contributed to the Canada chapter in Globe Law and Business’s International E-Discovery book, published in August.
The book offers a “unique collection of world-wide analysis on the state of knowledge and practice in the use of digital evidence in legal and regulatory contexts.”
You can download a summary of the chapter Molly contributed to here. An extract of the chapter is below.
In all jurisdictions, the obligation to disclose or produce extends to what may generally be described as “electronically stored in formation” (ESI).
In most of the provinces, the rules or practice directives address production of ESI, and several specifically refer to or incorporate principles from The Sedona Canada Principles Addressing Electronic Discovery, discussed in detail below.
Alberta’s Court of Queen’s Bench has issued a practice directive that provides guidance as to discovery of records and that applies in any civil proceeding where the parties agree it will apply and sign a protocol to that effect, or where the court so orders. The directive states that the parties are “encouraged to adopt this Practice Note in a proceeding where a substantial portion of the ‘Potentially Discoverable Records’ consist of ‘Electronic Material’ or the total number of ‘Potentially Discoverable Records’ exceeds 1,000 records or more than 3,000 pages”.
Too access to the full book, head to Globe Law and Bussiness’s website.
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