eDiscovery and Electronic Evidence 2020

Product Type: Course

This course has no current sessions.

DescriptionMore DetailAgenda

Manage the information—take command of the litigation!

—Rebroadcast—
Last Kick at the Can 2020
Wednesday, December 9, 2020
9:00 am – 4:00 pm via webinar

(Original Course Date: March 13, 2020)

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Who should attend: Civil litigators, paralegals, and legal support staff who manage documentary discovery

Learning level: Intermediate

The digital age is fully upon us as technology continues to re-shape and re-define the process of civil litigation. With the rise of electronically stored information comes an array of issues relating to the management, search and presentation of, such digital information.

In the pre-trial context comes the issue of using computer software to assist with discovery in searching electronically stored data; this issue is particularly important where there is a very large data base. In the trial preparation and trial conduct context there are issues relating to establishing the fidelity and admissibility of evidence in an electronic format.

This comprehensive one day program will quickly bring practitioners up to speed on current issues and best practices for effectively managing electronic evidence in the litigation process.

At this course you will learn:

how to manage eDiscovery—the principles and best practices
how to manage the interface between the legal obligation to disclose and the technical issues surrounding digital data
how to use, present and challenge electronic evidence both pre-trial and at trial—being effective and avoiding pitfalls

Learn how to master the world of digital discovery!

Course Chair
Graham J. Underwood — Legal Services Branch, Ministry of Attorney General, Victoria

Law Society of BC CPD Hours: This rebroadcast has been edited, reducing runtime. A bonus presentation is included to ensure you receive the same or more CPD hours as the original course.	CPD Hours	Ethics* Hours
Watch eDiscovery and Electronic Evidence 2020 ONLY	5.50	1.0
Watch eDiscovery and Electronic Evidence 2020 and bonus video Managing Anxiety in a Time of Uncertainty	6.50	2.0
*"Ethics" refers to professional responsibility and ethics, client care and relations, and/or practice management credit

Reduced Pricing To support you during COVID-19, CLEBC is offering reduced pricing for courses.
Pricing Last Kick at the Can 2020
Rebroadcast	$489 $405
Rebroadcast Articled Student	$244.50 $202.50
Experiencing financial hardship due to COVID-19? You may be eligible for further reductions in our course prices. Please contact Customer Service for more information. Registration includes an electronic copy of the reference materials. *Please note:* The CPD hours of the rebroadcast will either meet or exceed the CPD hours of the original live webinar course.

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CLEBC Program Lawyer*
Raymond Lee
rlee@cle.bc.ca
*non-practising

Course Chair
Graham J. Underwood — Legal Services Branch, Ministry of Attorney General, Victoria

About the Course Chair

Graham Underwood is a barrister with the Province of BC's Ministry of Justice and Attorney General. He has practised solely in the area of civil litigation for the Province for the past 19 years. Prior to that, he was a legal officer with the Judge Advocate General of the Canadian Armed Forces, and was in private practice for 14 years.

Mr. Underwood's interests include the law of evidence and information management. He is the co-author of Electronic Evidence in Canada, which was published by Carswell in 2010. He is also a frequent speaker at conferences and seminars on litigation and information management in the public sector and for CLEBC. Mr. Underwood is the representative for the Province of BC on the Federal/Provincial/ Territorial Working Group on e-Discovery and a member of the Uniform Law Conference of Canada electronic discovery working group.

Faculty
Komal Jatoi — Dentons Canada LLP, Vancouver
Crystal O’Donnell — CEO and Senior Counsel, Heuristica Discovery Counsel LLP, Toronto
Ken Lew — Manager, IT Forensics and Litigation Support, MNP, Vancouver
Brian Pel — COO and Senior Counsel, Heuristica Discovery Counsel LLP, Toronto
Jonathan G. Penner — Ministry of Attorney General, Victoria
David Wotherspoon — Dentons Canada LLP, Vancouver

Click here for full faculty bios

Welcome and Land Acknowledgement

Graham J. Underwood — Legal Services Branch, Ministry of Attorney General, Victoria

The Principles of eDiscovery Practice

Sedona Canada
BC Electronic Evidence Directive
Ontario Rules of Civil Procedure for eDiscovery
Uniform Law Conference of Canada

Crystal O’Donnell — CEO and Senior Counsel, Heuristica Discovery Counsel LLP, Toronto

Rule 7-1 Disclosure (The Legal Side)

the scope of the obligation to disclose
the Rule
proportionality with electronically stored documents
what is sufficient?
legal obligations—and professional ethics aspect

Jonathan G. Penner — Ministry of Attorney General, Victoria

BREAK

Disclosure and Production of Electronic Documents (The Operational Side)

sources and where to look
defensible collection
preserving the integrity of data
reviewing e-docs for relevance and privilege
precautions/litigation holds
a defensible system of disclosure—documenting what's been done

Crystal O’Donnell — CEO and Senior Counsel, Heuristica Discovery Counsel LLP, Toronto
Brian Pel — COO and Senior Counsel, Heuristica Discovery Counsel LLP, Toronto

Using Electronic Documents at Trial

pre-trial authentication of Electronically Stored Information (ESI)
fundamental concepts of admissibility
ESI and real evidence
ESI as documentary evidence
ESI as demonstrative evidence
practical aspects

Graham J. Underwood — Legal Services Branch, Ministry of Attorney General, Victoria

NETWORKING LUNCH (provided)

Ethical Issues with Respect to Electronic Evidence

role of counsel—legal advice in context of disclosure obligations/privilege
properly advising the client with respect to disclosure
ethical issues—preserving privilege while using outside vendors

Crystal O’Donnell — CEO and Senior Counsel, Heuristica Discovery Counsel LLP, Toronto

Challenging eDiscovery and Electronic Evidence

applications to compel disclosure of ESI—social media and other sources of ESI
requesting and disclosing metadata, ESI in native form
preserving ESI for use as evidence
challenging the admissibility of electronic evidence
authenticity vs. reliability concerns
admissibility vs. weight

Komal Jatoi — Dentons Canada LLP, Vancouver
David Wotherspoon — Dentons Canada LLP, Vancouver

BREAK

Digital Forensics

forensics: acquiring data, preserving data
digital forensics in criminal law—from child pornography to digital fraud

Ken Lew — Manager, IT Forensics and Litigation Support, MNP, Vancouver

Expert Evidence in the Use of Electronic Evidence

meeting the legal requirements for admissibility
when you need to call in an expert
proving authenticity/reliability—expert evidence needed?
integrity—Canada Evidence Act

Moderator: Graham J. Underwood — Legal Services Branch, Ministry of Attorney General, Victoria
Jonathan G. Penner — Ministry of Attorney General, Victoria
David Wotherspoon — Dentons Canada LLP, Vancouver

Closing Remarks

Graham J. Underwood — Legal Services Branch, Ministry of Attorney General, Victoria

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eDiscovery and Electronic Evidence 2020

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