8:00 - 9:00 | |
Continental Breakfast |
9:00 - 9:10
Welcome and Opening Remarks from the Chairs
Peter Shewchenko, Senior Project Manager, City Clerk's Office, Records and Information Management, City of Toronto
Peg Duncan, Department of Justice, Canada
9:10 - 10:10
What Are the Rules? The Sedona Principles and Canadian Provincial Guidelines
Susan Wortzman, Partner, Lerners LLP, Chair of Sedona Canada WG7
Dominic Jaar, Bell Canada, Legal Department, Beaudin Legault - Montreal
- Current guidelines governing e-discovery procedures in Canada
- Impacts on provincial guidelines following the implementation of the new standardized guideline
- Guidance from the Ontario's Discovery Task Force and its Guidelines
- Direction from the Ontario and B.C. Practice Directions
- U.S. Federal Rules of Civil Procedures and case law from the United States: learning from the experience of American companies
- In-house perspective on e-discovery
- Impacts of Sedona Canada on Canadian corporations
- Multi-jurisdictional issues: the challenge of having different legal systems and languages
10:10 - 10:25 | |
Networking Break |
10:25 - 11:25
Anticipating Litigation? Knowing What to Preserve and Preserving It Properly
Alex Cameron, Fasken Martineau DuMoulin LLP
Patrick Oot, Director of Electronic Services and Senior Counsel, Verizon
- Identifying areas of future litigation
- Designing and implementing litigation hold mechanisms
- Gathering, preserving, analyzing, and evaluating electronic evidence
- Preservation letters, agreements, and court orders
- Privilege and electronic evidence
- Using and attacking electronic evidence effectively
11:25 - 12:25
Meet and Confer: Bringing Together Counsel, Clients, and Resources to Effectively Manage Next Steps in an E-Discovery Case
William J. Platt, Managing Partner, Platinum Legal Group
- Managing and understanding expectations to be effective and reasonable in the meet-and-confer process
- Who should attend, and how to be prepared for the meeting
- Understanding the importance of custodians and technology infrastructures
- Keeping the e-discovery process on track and preventing abuse of the process
- Managing consistent and effective communications throughout the e-discovery process
- Identifying and resolving e-discovery-related issues between parties
1:25 - 2:25
Creative Litigation Solutions to Complex Electronic Evidence Problems
Berkley D. Sells, Partner, Fasken Martineau DuMoulin LLP
- How to obtain judicial approval to seize electronic evidence ("Anton Piller" and related orders)
- Judicial approval to compel non-parties, such as ISPs, to produce electronic evidence ("John Doe" and related orders)
- Obtaining judicial sanctions for your adversary's destruction of electronic evidence
- Judicial sanctions for your adversary's improper seizure of electronic evidence
- Dealing with the loss of privilege over electronic communications
2:25 - 2:40 | |
Networking Break |
2:40 - 3:40
Managing Risk when Outsourcing the Management of E-Documents to Third Parties
John Beardwood, Partner, Fasken Martineau DuMoulin LLP
- Key contract issues
- Obligations where breach of security occurs
- Including effective service levels and operational controls
- Should vendors and contractors be given a preservation notice as well?
- Who should be held accountable for inadvertent disclosure?
- Ethical and privacy issues
3:40 - 4:40
Newest Technology Advances in E-Discovery That Could Reduce Cost and Time
Oleh Hrycko, CA·IFA, CEO, H&A Computer Forensics Inc.
Chuck Rothman, PEng, Director of e-Litigation Services, H&A Computer Forensics Inc.
Karen Groulx, Pallett Valo, LLP
- Features and capabilities of e-discovery software
- Review and comparison of several leading products
- Lessons learned from using certain e-technology
- Case studies on implementation of new technology
- What technology has worked for people and what has not
- Which vendors take into account the unpredictability of a litigation over the long term
- Newest technology on the market: visualization, audio discovery
- Case study: implementation of newest technology, including a discussion of the WestJet and Air Canada trial
4:40 - 5:00 | |
Closing Remarks from the Chair; End of Day Two |
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