E-Discovery in Canada, 2nd Edition
This comprehensive guide covers everything that a lawyer needs to know about conducting e-discovery, from preservation to proportionality to costs.
Publisher: LexisNexis Canada
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One of the greatest challenges facing litigators today is the discovery of electronically stored information. Electronic discovery, or e-discovery, is now a standard part of the litigation process. Litigators and law clerks in every practice area, including those involved with criminal and family law matters, must understand how to best manage all of the phases of electronic discovery in a practical and cost-effective manner.
This comprehensive guide covers everything that a lawyer needs to know about conducting e-discovery, from preservation to proportionality to costs. The text has been written and compiled by two of Canada's leading experts in e-discovery, one of whom is an original member of the Sedona Canada Working Group that developed the Canadian national guidelines, and the other the past chair of that working group.
Perfect for Lawyers New to E-Discovery, and Those More Experienced
· For those new to e-discovery, this book gives a succinct overview of the key e-discovery issues lawyers confront, and provides a practical introduction to the technologies used in e-discovery
· For those more familiar with e-discovery, the book contains recent developments in case law, and updates the reader on the latest rules and procedures on e-discovery
· Practical advice on how to handle e-discovery issues, containing costs, collaborating with opposing parties, and a review of best practices
· Examines e-discovery in the unique contexts of family law, criminal law and small firms/sole practitioners
· Contains the Sedona Canada Principles (the guidelines and practice standards governing e-discovery)
What's New In This Edition
· A growing body of Canadian e-discovery case law has emerged, and this book captures the latest rules, principles, and case law that have evolved since the first edition
· The authors explore the impact of the Sedona Canada Principles on e-discovery practices, and on litigation in general since they were published in 2008
· A new chapter, The Canadian Experience, provides an overview of the various components of the e-discovery framework that has emerged to shape discovery processes across the country
· A new chapter on proportionality, a thorough understanding of which is imperative for counsel committed to containing the costs and burden of discovery for their clients
· The chapter on costs has been re-written to take a more practical approach
Who Should Read This Book?
· Lawyers, litigation clerks and paralegals - who need to understand the rules and jurisprudence around the use of e-discovery to avoid costly mistakes, and to successfully pursue evidence, or alternatively, protect it during litigation
· Law professors and law students - who need to be familiar with e-discovery practices, which is now integral to the discovery process
· Law libraries - as a valuable addition to any collection of books on civil procedure and discovery practice
Table of contents
Chapter 1: The Canadian Experience
Chapter 2: IT - A Lawyer's Primer
Chapter 3: A Survey of E-Discovery Case Law in Canada
Chapter 4: The Preservation and Destruction of Electronically Stored Information in Ontario
Chapter 5: Proportionality
Chapter 6: Privilege
Chapter 7: The Costs of E-Discovery: A Practical Approach
Chapter 8: Privacy and E-Discovery
Chapter 9: Accessing Electronic Information on Corporate Systems: Rights and Risks
Chapter 10: Electronic Discovery in Family Law
Chapter 11: Electronic Disclosure in Criminal Law: The Evolution of a Revolution
Chapter 12: Electronic Discovery and Solo/Small Firms