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Recent Posts
Below is a preview of the five most recent posts from the blog Insights & Ideas. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Deepfakes and the Evolving Duties of eDiscovery Counsel
Martin Felsky Senior Counsel April 28, 2026 The long-standing view that electronic discovery and disclosure can be treated as purely procedural or technical exercises distinct from the law of evidence is no longer tenable. That position was already difficult to sustain in an era of emails and data … Read more »
- Amazon Canada Decision – Ten Lessons to be Learned
Martin Felsky Senior Counsel January 20, 2026 Large-scale production orders are no longer exceptional. What is surprising is how often sophisticated litigants underestimate what courts now expect when those orders arrive. The Federal Court’s recent decision in Commissioner of Competition v Amazo … Read more »
- Why PDFs Can Sink Your Case – Preserving Individual Emails the Right Way
Martin Felsky Senior Counsel September 15, 2025 The portable document format (PDF) was a breakthrough for the legal profession. It allowed lawyers to share contracts and pleadings in a consistent, easily readable format regardless of the software used to create them. For preserving the appearance … Read more »
- Reconsidering the Presumption of Reliability for Digital Evidence in Canadian Law – A Cautionary Reflection on the UK Horizon Scandal
Martin Felsky Senior Counsel The Canadian legal framework for the admissibility of electronic evidence is grounded in a presumption that digital records generated or stored by a functioning electronic system are reliable. Codified in sections 31.1 to 31.8 of the Canada Evidence Act (CEA), this pre … Read more »
- Rethinking eDiscovery – From Risk Management to Ethical Design in the Age of Generative AI
Martin Felsky Senior Counsel August 8, 2025 For the past decade, lawyers adopting best practices in technology-assisted review (TAR) have been guided by one overriding concern: defensibility. Their workflows were built to withstand judicial scrutiny as prescribed by the rules, case law and the Sed … Read more »