The Canadian judiciary has not only read the Sedona Canada Principles but it is embracing them!
Most recently, the BC Court of Appeal in Dykeman v.Porohowski, [2010] B.C.J. No. 113 judicially considered the issue of whether “Internet postings” were listed with sufficient description on the list over which privilege had been claimed. The Court of Appeal referenced the Sedona Canada principles when it held that the postings has not been adequately “listed” for the purposes of British Columbia’s R. 26. Similarly, the Ontario Superior Court of Justice in Re: j2Global Communications Inc., and Protus IP Solutions Inc., [2009] O.J. No 5131 held that the applicant had proposed no search criteria for the requested document search as contemplated by the Sedona Canada Principles.
Lawyers beware: if you have not read the Sedona Canada Principles and are not applying them in the context of e-discovery, the courts may be taking that into consideration when making orders. If you require litigation support with your electronic discovery, contact Wortzman Nickle.
Interesting. I just attended a workshop titled “Litigation Readiness: The Impact of the Records Management Program”. According to the panel, following a market research survey, 80% of companies surveyed reported having a records management policy. I found this statistic extremely high and query whether these reported policies are updated, followed and audited regularly. I have my doubts about that.
However, only 60% of those policies contained a litigation readiness component, and only 20% of those utilized litigation readiness software. Further only 38% of those companies had a litigation response team in place to handle all of the e-discovery phases.
Also interesting – in the panel’s view (and these were employees of a service provider) the effectiveness of a litigation readiness program is based 90% on the policies and the team put in place, and only 10% on the software. In their words, technology is merely an “enabler” in the quest for defensible litigation readiness.
More later.
Nickle from New York with Andre, Wortzman Nickle’s Senior E-discovery Analyst and Project Manager at North America’s largest legal technology conference and trade show.
This overwhelming spectacle (this year, complete with demonstrators protesting GB fees in front of the venue!) offers lawyers, forensic vendors, records managers and other e-discovery providers the opportunity to network, attend education sessions, and scope out “the next big thing” in the technology exhibit areas. Breakfasts, lunches and dinners with our colleagues and friends is our favorite way to keep abreast of new technology.
While we are trying to look at everything, our focus this year rests at both ends of the e-discovery spectrum – Early Case Assessment and Review tools. We are always searching for faster, cheaper and more efficient solutions. There is amazing software available – stay tuned for our conclusions!
Wortzman Nickle is pleased to announce Rachael Chadwick is joining us as a Senior E-Discovery Analyst and Project Manager. Rachael comes to us after years of experience as a Law Clerk whose practice focused on e-discovery.
Rachael arrived just in time. January 2010 has started off with a bang! 2010 is the year for lawyers, in-house counsel and organizations to embrace e-discovery. Undoubtedly the new Rules of Civil Procedure that came into force in Ontario effective January 01, 2010 have had some impact on this. We have been busy attending Meet and Confer sessions, meeting with organizations that are anxious to have Records Management Policies in place in the calendar year and meeting with other organizations who want to ensure that they have litigation readiness plans in place. Top that off with several on going e-discovery review projects and we are off to an exciting start this year. The addition of Rachael to our team adds to our office strength and the breadth of our e-discovery experience.
Wortzman Nickle are off to LegalTech this week..stay tuned for updates!
Blog | admin February 8, 2010 | 
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