Updated Model E-Discovery and E-Trial Precedents

The Ontario E-Discovery Implementation Committee (EIC) released in February revised versions of all of its e-discovery and e-trial model documents and guidance materials. Links to all of these documents are provided below.

Annotations are included throughout the EIC’s model documents and the EIC’s other e-discovery guidance documents. Many of the annotations refer to The Sedona Canada Principles Addressing Electronic Discovery (the “Sedona Canada Principles”). The Sedona Canada Principles are a set of national guidelines for e-discovery in Canada, which reflect both existing legal principles and a set of identified best practices. The Sedona Canada Principles are intended to be compatible with the discovery rules in all Canadian jurisdictions. Effective January 1, 2010, civil litigants in Ontario are required, pursuant to Rule 29.1 of the Rules of Civil Procedure, to consult and have regard to the Sedona Canada Principles in preparing a discovery plan for an action. A copy of the Sedona Canada Principles may be downloaded from www.thesedonaconference.org, where they are found under the list of publications for Working Group 7.

The EIC’s documents have been prepared and made available to the public by the EIC for informational purposes. They are not provided as legal or technical advice and should not be relied upon as such.

The documents fall into five broad categories:

Preservation Letters

• Preservation Letter (To be Sent to Defendant or Proposed Defendant)
• Preservation Letter (To be Sent to Opposing Counsel)

Discovery plans and discovery agreements

• Discovery Agreement
• Preservation Agreement
• Checklist for Preparing a Discovery Plan
• Discovery Plan (Long Form)
• Discovery Plan (Short Form)
• Letter Confirming Discovery Agreement*

Guidance documents on how to carry out e-discovery and minimize costs

• Memorandum to Corporate Client Regarding Documentary Discovery
• Memorandum to Individual Client Regarding Documentary Discovery
• Annotated E-Discovery Checklist (with suggestions on how to minimize e-discovery costs)
• 10 Guiding Principles to Minimize E-Discovery Costs

Note: See also Model Document #9 (above), which is a Checklist for Preparing a Discovery Plan.

Materials for use by the court

• Preservation Order
• Proportionality Chart (Document Production)

E-trials

• E-Trial Checklist
• What is an Electronic Trial?

Providing Your Comments
The EIC always appreciates comments on its materials. The Committee will review all comments received and consider appropriate revisions. Comments may be submitted to the Chair of the EIC, David Outerbridge, at:
Email: douterbridge@torys.com
Fax: 416.865.7380
79 Wellington Street West
Suite 3000
Toronto, ON M5K 1N2