The Courts Embrace the Sedona Canada Principles- New Cases!

 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.