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Login to watch this video if you have a subscription. Learn more about subscriptions.The world of electronic evidence is ever-changing – are you keeping up? What are the implications every lawyer needs to know? Join our esteemed panel for a lively, frank and practical discussion with a focus on risk management and professional responsibility for lawyers related to electronic evidence. You will get useful legal guidance that you can apply to your practice.
The discussion will highlight legal trends and case law on the following topics:
1. Professional competency requirements
2. Risk implications related to electronic evidence and the impact on costs, including:
a. Preservation of electronic evidence
b. Technology and proportionality
3. Inadvertent Waiver of privilege
4. Altered Evidence and AI Generated Evidence
The focus of the conversation is based on developing Canadian case law, procedural rules, and regulatory requirements/developments.
Justice David Brown was appointed to the Court of Appeal for Ontario in December, 2014, after sitting as a judge of the Superior Court of Justice of Ontario in the Toronto Region since September, 2006, including several years on the Toronto Region Commercial List. Immediately prior to his appointment to the Court of Appeal, Justice Brown was serving as the President of the Ontario Superior Court Judges’ Association.
Before his appointment to the Bench, he was a partner with Stikeman Elliott LLP (Toronto) in its Litigation and Energy Groups. He served as an Adjunct Professor of Law at Osgoode Hall Law School teaching Energy Law from 2004 until 2006, and a Sessional Lecturer at Queen’s University Law School from 1990 to 2002 teaching Trial Advocacy. Justice Brown writes on a number of legal topics, including civil procedure reform and Newfoundland legal history.
Justice Brown earned his B.A. (Hons.), University of Toronto, 1976; Certificate, Beijing Languages Institute, 1977; Diploma, Nanjing University, 1978; J.D., 1981, University of Toronto; L.L.M., Osgoode Hall Law School, 2005; called to the Ontario Bar, 1983.
Crystal is the founder and CEO of Heuristica Discovery Counsel LLP. Crystal has a diverse and relevant professional history. She has extensive experience as litigation and e-discovery counsel, having practised with a leading litigation firm and the Ministry of the Attorney General (Ontario). Crystal has represented clients in a number of complex matters at all levels of the Ontario courts as well as in regulatory proceedings and investigations. Crystal’s range of expertise includes legal, strategic, and software aspects of e-discovery, which are critical components of all legal and evidence-based proceedings. She also has experience with cross-border and conflicts of laws issues which arise in multi-jurisdiction and multi-forum matters. Crystal’s years of experience as litigation counsel have afforded her a keen appreciation and understanding of clients’ needs and allows her to deliver defensible, proportionate and cost-effective legal advice and solutions. Crystal was recently elected as a Council member of the OBA, and she is currently the Chair of a Uniform Law Conference of Canada (ULCC) Working Group, Vice-Chair of the Board of Directors, CanLII, Steering Committee member of Working Group 7, of the Sedona Conference (Sedona Canada); Member and past Vice-Chair of the Ontario E-Discovery Implementation Committee, (“EIC”).
*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.
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*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.
