Post Process

Everything to do with E-discovery & ESI

Comparing Discovery in Canada and the US

Posted by rjbiii on April 26, 2009

Byte and Switch has a nice post discussing the differences between Canadian and US discovery processes. From the blog:

I expected litigation and e-discovery to be closer than it really is. Here is our overview of the situation: The Canadian provinces exert tremendous control over e-discovery practices and procedures in common and civil law. There is no corresponding natural statute such as the U.S. Federal Rules of Civil Procedure, making e-discovery in Canada difficult to affect on a unified national principle.

There are national Canadian guidelines with the publication of Sedona Canada’s e-discovery principles and the Judicial Council’s practice direction for e-discovery in civil courts. (“The Sedona Canada Principles Addressing Electronic Discovery” and “National Model Practice Direction for the Use of Technology in Civil Litigation,” respectively.) These principles and guidelines for court practice are excellent steps forward and provide guidance for provinces that are developing their own sets of e-discovery rules. (British Columbia, Nova Scotia, Alberta, and Ontario have well-developed principles or drafts, and other provinces are no doubt busy as well.) Neither is statutory, and they exist as guidelines to implementation.

The post states that U.S. attorneys can learn from the Canadians’ attempts at reigning in costs, while Canadians could benefit by using proper tools.

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