E-Discovery in Canada in 2010

On New Year's Day, 2010, the province of Ontario became the latest North American jurisdiction to amend its rules of civil procedure to address the discovery of electronically stored information. Yet it mentions the phrase "electronic discovery" only once.

The United States Federal Rules of Civil Procedure were amended in 2006 in at least 12 places to specifically refer to electronically stored information in discovery. Thirty states have since followed suit. One Canadian province, Nova Scotia, has also amended its rules.

Now take a step back and look at the context around this one subrule, the broader "discovery plan" rule 29.1 This rule requires the parties to litigation to agree upon and file with the court a written discovery plan within 60 days after the close of pleadings. Subrule 29.1.03 (3) states:

(3) The discovery plan shall be in writing, and shall include,

Clifford F. Shnier

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