Ann Halkett and Monique Sever: Electronic Discovery Challenges and Education

Extract from Ann Halkett and Monique Sever’s article “Electronic Discovery Challenges and Education”

Modern electronic discovery is complex. It really was easier when we dealt with paper as you simply needed to instruct your client to collect the evidence from their filing cabinets and desk. Today, evidence exists in so many different places and in increasingly complex formats. COVID-19 catapulted the world into technology adoption at a speed never seen before. So, what does this mean in terms of electronic discovery and what education exists to assist firms to conquer the challenges of collecting and producing electronic evidence?


Electronic Discovery (eDiscovery) is discovery involving electronic evidence. It is a very broad area that touches on many different disciplines that include:

  • information governance, the organization of the data;
  • privacy as there are privacy concerns with respect to the release of information contained within records and legislation that may apply to same;
  • forensics and information technology in terms of where evidence resides and how and what can be obtained from various technologies;
  • software tools such as Ipro Eclipse, Summation, Relativity and more that are used as repositories to categorize, review, and produce evidence; and
  • the Canadian civil litigation process including evidentiary requirements.

Read more here (Page 18)