Keeping-Tabs-Spring-2023
Stay up-to-date on news and events from our Young Advocates' Standing Committee (YASC) with Keeping Tabs.
Stay up-to-date on news and events from our Young Advocates' Standing Committee (YASC) with Keeping Tabs.
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than a small team of lawyers who have<br />
close knowledge of the client needs<br />
and issues in the case. Consider listing<br />
the document categories from the review<br />
protocol within the discovery plan.<br />
8. Consider the use of sampling: Sampling<br />
is a technique that involves reviewing<br />
a representative subset of<br />
the data, rather than reviewing all of<br />
it. This can help reduce the time and<br />
cost associated with manual review,<br />
while still providing a reasonable level<br />
of confidence that all relevant data<br />
has been reviewed. To increase the efficacy<br />
of sampling, you can follow up a<br />
sample review with analysis targeted at<br />
identifying specific categories of relevant<br />
documents identified in a sample.<br />
9. Use secure methods for data transfer:<br />
Ensuring that data is transferred<br />
securely during the discovery process<br />
can help protect the data from unauthorized<br />
access or disclosure. Secure<br />
methods may include using encryption<br />
or secure file transfers. The<br />
data and the encryption keys or passwords<br />
should never travel together.<br />
10. Document the process: It is important<br />
to document the entire discovery process,<br />
including the collection, processing,<br />
review, and production of data. This<br />
documentation can be used to demonstrate<br />
that the process was conducted in<br />
a defensible manner and can help avoid<br />
potential challenges to the discovery<br />
process.<br />
By keeping these practical considerations<br />
in mind, lawyers can help ensure that the<br />
e-discovery process is conducted in a defensible<br />
and efficient manner.<br />
CASE BRIEF<br />
Summary trials: Maybe<br />
a Goldilocks solution to<br />
access to justice issues<br />
Daniel Hermann, Osuji & Smith Lawyers<br />
Access to justice doesn’t just mean having access to legal representation or legal resources. It also<br />
includes having access to an effective, speedy and affordable adjudicatory mechanism. With trials<br />
taking years and summary judgments sometimes not appropriate to decide all the issues in an<br />
action, Goldilocks’s lawyer may advise her that a summary trial could be “just right” to resolve her<br />
claim against Three Bears Inc.<br />
As Feasby J. recently explained in Benke v Loblaw Companies Limited, even for cases worth no more<br />
than $200,000, legal fees can exceed $50,000 if required to proceed to a full trial. Such costs of<br />
litigating are not proportional to the claims’ worth. A more just solution is a summary trial, but as<br />
His Honour notes in Benke, summary trials have been underutilized.<br />
In Alberta, summary trials can be scheduled at almost any point in an action. They can also act as<br />
a powerful motivation for settlement, as the certainty of a scheduled trial means that there is little<br />
likelihood of the plaintiff simply “dropping” their action.<br />
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