Book Review: 'E-Discovery in Canada' by Todd J. Burke, Kelly Friedman, Andrew J. Mccreary, James Morton, Susan Nickle, Vincenzo Rondinelli, Glenn Smith, James Swanson & Susan Wortzman

Robert J. Currie

Abstract


It is not hyperbolic to say that the proliferation of electronically stored information (ESI) is probably the most prominent change-harbinger and potential havoc-wreaker in civil litigation today — second only, perhaps, to the spiralling costs of litigation itself. Indeed, the practical and legal difficulties associated with the storage, gathering, preservation, disclosure and evidentiary use of ESI have the potential to act as a Trojan Horse, causing what would previously have been ordinary cases to implode under their weight. Increasing recognition of this is evident; electronic discovery (e-discovery) cases have begun to emerge in the reports, a successful co-operative effort by Bench and Bar to develop governing principles has emerged, and one province has even generated a new stand-alone civil procedure rule on “electronic disclosure.” Some resources on ESI have been available before, but the new book E-Discovery in Canada is the most comprehensive yet.

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