CLE Online

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 obligations—and 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 disclosure—documenting 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 counsel—legal advice in context of disclosure obligations/privilege
• properly advising the client with respect to disclosure
• ethical issues—preserving 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 ESI—social 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 law—from 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/reliability—expert evidence needed?
• integrity—Canada 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