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Supplemental Resources to Electronic Discovery issue of LAWPRO Magazine

The September 2005 issue of LAWPRO Magazine focused on electronic discovery. For litigators, corporate lawyers and anyone else that deals with electronic records and information, e-Discovery is coming of age. E-mail has become a primary communications tool for all of us and we create and store electronic information in many different places: on home and office computers; on laptops we take to the cottage; on backup tapes, cell phones, PDA's, and memory sticks. Any one of those "bits" of data stored in any one of these places has the potential to be the pivotal evidence in a litigation matter, and subject to discovery -- and it may be your responsibility to not only know to ask for it, but to also ensure it does not get missed, destroyed or in some way corrupted. A failure to do these things could result in a claim of spoliation, the exclusion of critical evidence, or an adverse inference, any of which could adversely affect the outcome of a matter and expose you or your client to cost consequences, or even a malpractice claim. See the magazine for an introduction to the many and far-reaching implications of electronic discovery.

The following resources were created to as a supplement to the magazine:

Lawpro Magazine 4(2), September 2005

Other sources of information:

  • Electronic Discovery Guidelines: The first draft of the Electronic Discovery Guidelines prepared by the Electronic Discovery Sub-committee of the Discovery Task Force are available on the The Discovery Task Force E-Discovery Guidelines and Resources Page at
  • Canadian (Common Law) and Quebec (Civil Law) e-discovery case law digests are also available at
  • The Electronic Discovery and the New ED Guidelines - A Road Map for Dealing with Electronic Information CLE program, jointly put on by the Ontario Bar Association and The Advocates Society on Monday, November 28, 2005, from 9 a.m. to 4:30 p.m. in Toronto is available from the OBA in video/audio format on CD-ROM. The binder of materials from this program is also available.


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