Information About Insights & Ideas

Kelly Friedman Partner April 30, 2026   Digital evidence often looks authoritative. A system-generated report, an email chain, a spreadsheet, or a chat export can appear objective and complete. But in litigation, the real question is not whether digital evidence looks reliable. It is whether its rel … Read more »

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 »

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 »

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 »

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 »