Isha Marathe: Sedona Conference Canada Chair Discusses New E-Discovery Principles Update—And Why Addendums May Be Needed

Extract from Isha Marathe’s article “Sedona Conference Canada Chair Discusses New E-Discovery Principles Update—And Why Addendums May Be Needed”

The Canadian branch of nonprofit research and educational institute The Sedona Conference released a new version of its Principles Addressing Electronic Discovery this week. The Sedona Canada Principles has served Canadian legal practitioners since 2008 and was last updated in 2015.

Legaltech News spoke with Kathryn Manning about the changes, specifically what they mean for e-discovery, why they were needed, and how societal changes may impact e-discovery best practices. Manning is the chair of The Sedona Conference, Canada and served on the editorial board of the latest updates. She is also a founding partner of Toronto-based commercial litigation boutique, DMG Advocates.

The conversation has been edited for clarity and length.

Legaltech News: The second edition of the Sedona Canada Principles came out in 2015. Why was there a need to update this guidance and release the third edition? How is the third edition different?

Kathryn Manning: Given the passage of time and the development of law in Canada, it was a good time to do an update. We wanted to update the principles in terms of case law in particular. The principles themselves have stayed the same with some minor changes, however, a lot of the commentary did change. In the last few years, we have seen a proliferation of new types of data, new tools, and technologies to deal with that data, and we wanted the principles to reflect that.

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