CANADIAN E-DISCOVERY CASE LAW DIGESTS - COMMON LAW

This digest is maintained by the members of theDigital Evidence and eDiscovery Working Group; it was originally created by the members of the eDiscovery sub-committee of the Task Force on the Discovery Process in Ontario and was a supplement to the eDiscovery Guidelines.

Since CANLII now offers deep linking to decisions' paragraphs, the newer entries have direct links in the summary to the appropriate sections of the decision.

Acceptable Use Policies
Anton Piller Orders
Authenticity and Admissibility
Conduct Civility and Collegiality
Costs of eDiscovery
Disclosure of privileged and private communication
Discovery Plan
Document Retention Policies
Duplicate Documents
Effect of failure to disclose or produce for inspection
Examination of an IT Representative
Forensic Collection and Preservation
Form of Production
Litigation Preservation
Meet and confer
Metadata, deleted and hidden information
Process for review of electronic documents for relevance and privilege
Production of Electronic Data
Pleading Practices
Preservation of Evidence
Privacy Issues
Privacy and Personal Information
Privilege
Proportionality and Marginal Utility
Proprtionality
Requests for further production
Scope of production and discovery
Social Media and Internet Information
Spoliation
Temporary Internet Files
Third Party Information and Norwich orders

Search Options

This case law library can be searched using Google. To search, enter your search term(s) followed by “site:www.oba.org/EIC/Common-Law” (without the quotes). For instance, if you want to search for all cases related to spoliation, enter:

Spoliation site: www.oba.org/EIC/Common-Law

Google accommodates Boolean searches as well (or, and, not, etc.). For example, to search for all case citations containing Spoliation and evidence, enter:

Spoliation and Evidence site: www.oba.org/EIC/Common-Law

The Boolean search syntax is listed at: https://support.google.com/websearch/answer/2466433?hl=en

Disclaimers and notices

The information provided in this case law digest was gathered and organized for user convenience. Efforts have been made to ensure the quality of the information. Nonetheless, The Digital Evidence and eDiscovery Working Group, Sedona Conference®, Lexum, The Discovery Task Force, the Department of Justice Canada and the Ontario Bar Association give no warranties as to the completeness or accuracy of information published on this page.

Users of this page are responsible for verifying the accuracy and completeness of the content presented here. The Digital Evidence and eDiscovery Working Group, Sedona Conference®, Lexum, The Discovery Task Force, the Department of Justice Canada and the Ontario Bar Association cannot be held responsible or liable for any damages or losses resulting from the use of this content.

Canadian e-Discovery Case Law Digest by Sedona Canada^TM is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 Canada License. The present notice should appear on any reproduction of this work.

Last Updated September 22, 2016