MT>3
  • Home
  • About
  • People
  • Services
    • e-Discovery
    • Managed Review
    • Information Governance
    • Due Diligence
  • Blog
  • News
  • Contact

Sedona Releases Database Principles

26/9/2014

 
The Sedona Conference released the 2014 edition of its Database Principles this week for public comment.  Databases are a unique entity in the world of e-discovery because, unlike more common emails and documents (unstructured data), databases contain structured data, and usually massive amounts of it.

The principles clearly set out how databases differ from more traditional information, including an easy to understand example about storing an invoice in a database.

Due to their unique structure, preserving, collecting and producing information from databases requires more planning and a different approach than is needed with emails and documents. In a ruling last year that we blogged about in January (
see Databases – Not the e-Discovery Nightmare Everyone Assumes), the B.C. Court helped to define the way information from databases can be assembled and produced.  In that case, the Court found that producing a subset of database information using a query was not lawyer work product and should be considered to be in the normal course of business.

​The Sedona Conference continues to produce well researched and helpful guides and principles related to e-discovery. This newest set of principles should be on every lawyer’s electronic bookshelf.

September is Custodian Interview Month

24/9/2014

 
Now that summer is over, our clients have turned their minds to the information gathering stage on a number of projects.  We have spent much of September conducting custodian interviews for everything from information governance and litigation readiness projects to the collection stage of e-discovery projects.  As part of that process, we have noticed a trend – there is often some confusion as to whether lawyers, clerks or IT professionals are best suited to conduct these interviews.  Like much in the legal world, the answer is: it depends.

In many cases, the lawyer with carriage will have the most substantive knowledge of the matter and thus, be the best person to do the interviews.  However, where there are technical issues, the input of an IT professional may be necessary.  A melding of legal and IT expertise is often needed, particularly when it comes to understanding how records are stored and can be retrieved or to determining what technology tools are best able to manage information.

​Wortzmans deals with these issues on a daily basis.  If you need the blend of legal and technology expertise, give us a call. We can help you discover, gather and organize information using the best technology.

Ontario Court Endorses Sedona Canada Principles

19/9/2014

 
The Superior Court has sent a strong message to Ontario litigants:  The Sedona Canada Principles have teeth.  InPalmerston Grain v. Royal Bank of Canada 2014 ONSC 5134, the Court said that the Sedona Canada Principles are incorporated by reference into the Ontario Rules of Civil Procedure and that parties must comply with the Principles – “failing to do so is a breach of the Rules”.

This decision is significant for a number of reasons – primarily because it gives the force of the Rules to the Principles.  The Court emphasizes that parties shall agree to a discovery plan, which must contain the information described in the Rules. The decision also underscores the importance of collaboration between parties in connection with e-discovery, which is highlighted in the Sedona Canada Principles, particularly Principle 4.  Finally, this decision signals the Ontario court’s willingness to consider cost consequences for parties who fail to comply with the Principles.

​Ontario’s courts have spoken – parties must collaborate in the discovery process and be guided by Sedona Canada.  Failure to do so could be a costly breach of our Rules of Civil Procedure.

<<Previous

    Categories

    All
    Artificial Intelligence
    Blockchain
    Cyber Security
    E Discovery
    Information Governance
    Legaltech
    Privacy
    Social Media
    Technology


    Archives

    February 2021
    November 2020
    October 2020
    July 2020
    June 2020
    April 2020
    March 2020
    February 2020
    January 2020
    November 2019
    October 2019
    September 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    May 2018
    April 2018
    March 2018
    September 2017
    August 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    June 2011
    April 2011
    March 2011
    February 2011
    January 2011
    December 2010
    November 2010
    October 2010
    September 2010
    August 2010
    July 2010
    June 2010
    May 2010
    March 2010
    February 2010
    January 2010
    October 2009
    September 2009
    August 2009
    December 2008
    March 2008
    November 2007
    October 2007

130 Adelaide Street West Suite 2020
Toronto, Ontario M5H 3P5
​ ​
t: 416-642-2220  
tf: 1-877-642-2220  
f: 416-868-0673
Contact MT>3
@MT>3 2018. All Rights Reserved
Picture

Privacy Policy and Terms of Use

  • Home
  • About
  • People
  • Services
    • e-Discovery
    • Managed Review
    • Information Governance
    • Due Diligence
  • Blog
  • News
  • Contact