eDiscovery and Electronic Evidence 2020


Course Date: March 13, 2020

Full Course Materials
Total: 5h 23min
Total Ethics: 1h

Welcome and Land Acknowledgement

Graham J. Underwood Legal Services Branch, Ministry of Attorney General, Victoria

The Principles of eDiscovery Practice

  • Sedona Canada
  • BC Electronic Evidence Directive
  • Ontario Rules of Civil Procedure for eDiscovery
  • Uniform Law Conference of Canada

Crystal O’Donnell CEO and Senior Counsel, Heuristica Discovery Counsel LLP, Toronto

Rule 7-1 Disclosure (The Legal Side)

  • the scope of the obligation to disclose
  • the Rule
  • proportionality with electronically stored documents
  • what is sufficient?
  • legal obligationsand professional ethics aspect

Jonathan G. Penner Ministry of Attorney General, Victoria

BREAK

Disclosure and Production of Electronic Documents (The Operational Side)

  • sources and where to look
  • defensible collection
  • preserving the integrity of data
  • reviewing e-docs for relevance and privilege
  • precautions/litigation holds
  • a defensible system of disclosuredocumenting what's been done

Crystal O’Donnell CEO and Senior Counsel, Heuristica Discovery Counsel LLP, Toronto
Brian Pel COO and Senior Counsel, Heuristica Discovery Counsel LLP, Toronto

Using Electronic Documents at Trial

  • pre-trial authentication of Electronically Stored Information (ESI)
  • fundamental concepts of admissibility
  • ESI and real evidence
  • ESI as documentary evidence
  • ESI as demonstrative evidence
  • practical aspects

Graham J. Underwood Legal Services Branch, Ministry of Attorney General, Victoria

NETWORKING LUNCH (provided)

Ethical Issues with Respect to Electronic Evidence

  • role of counsellegal advice in context of disclosure obligations/privilege
  • properly advising the client with respect to disclosure
  • ethical issuespreserving privilege while using outside vendors

Crystal O’Donnell CEO and Senior Counsel, Heuristica Discovery Counsel LLP, Toronto

Challenging eDiscovery and Electronic Evidence

  • applications to compel disclosure of ESIsocial media and other sources of ESI
  • requesting and disclosing metadata, ESI in native form
  • preserving ESI for use as evidence
  • challenging the admissibility of electronic evidence
  • authenticity vs. reliability concerns
  • admissibility vs. weight

Komal Jatoi Dentons Canada LLP, Vancouver
David Wotherspoon Dentons Canada LLP, Vancouver

BREAK

Digital Forensics

  • forensics: acquiring data, preserving data
  • digital forensics in criminal lawfrom child pornography to digital fraud

Ken Lew Manager, IT Forensics and Litigation Support, MNP, Vancouver

Expert Evidence in the Use of Electronic Evidence

  • meeting the legal requirements for admissibility
  • when you need to call in an expert
  • proving authenticity/reliabilityexpert evidence needed?
  • integrityCanada Evidence Act

Moderator: Graham J. Underwood Legal Services Branch, Ministry of Attorney General, Victoria
Jonathan G. Penner Ministry of Attorney General, Victoria
David Wotherspoon Dentons Canada LLP, Vancouver

Closing Remarks

Graham J. Underwood Legal Services Branch, Ministry of Attorney General, Victoria