Sentences with phrase «documentary discovery»

The cost of documentary discovery under the present regime may easily overwhelm the amount at issue in the litigation.

In general, the traditional rules of documentary discovery in respect of costs should prevail, requiring the producing party to bear its own expenses of production, in special circumstances.

In compliance with the plaintiff's documentary discovery obligations under the Rules of Civil Procedure, very private records, including medical, were produced to her former boyfriend.

Lawyers should be careful not to extend blanket «litigation privilege» over documents; serious consideration should be given to whether the documentation was created with the dominant purpose of actual or reasonably anticipated litigation, just as it is with documentary discovery under the Rules of Civil Procedure.

This is known as documentary discovery.

Now that he has filed several actions, he may find himself stuck in a legal forum where the question of his alleged fraud is fully and loudly litigated, including substantial documentary discovery and penetrating depositions.

In a previous post, we explained documentary discovery in a lawsuit, and how every party to the action must disclose every document or record in their possession or control that may be relevant to the proceedings.

Although the decision centers around the interpretation of the deemed undertaking rule of confidentiality found at Rule 30.1 of the Ontario Rules of Civil Procedure, it likely has implications outside of Ontario given that this rule represents a codification of the common law's implied undertaking rule regarding the confidentiality of compelled oral and documentary discovery evidence, and that different jurisdictions have adopted similar rules to Ontario's Rule 30.1.

The eight EIC model precedents include: • an e-discovery checklist, with annotations on how to minimize e-discovery costs • a discovery agreement • a preservation agreement • two sample memoranda to be sent to a client (corporate or individual) regarding documentary discovery • two preservation letters • a preservation order

My recent experience with e-discovery and documentary discovery generally is that there remains a segment of our esteemed Bar that will always bend the rules, if not break them.

The parties undertook extensive oral and documentary discovery in advance of the trial.

These decisions deal with a broad range of legal issues you need to know about, including the scope of documentary discovery, the primary factors governing releases, and whether conditional certifications in proposed class actions are possible.

In SC v. NS, the plaintiff in a physical and sexual assault lawsuit produced, in compliance with her documentary discovery obligations under the Rules of Civil Procedure, highly private medical, counselling and academic records to the defendant, her former boyfriend.

In particular, the changes to oral and documentary discovery as well as refusal motions should significantly streamline the litigation process and circumvent delays relating to the discovery process that can significantly slow down the litigation process and add to the parties» legal fees.

In the case, the plaintiff in a physical and sexual assault lawsuit produced, in compliance with her documentary discovery obligations under the Rules of Civil Procedure, highly private medical, counselling and academic records to the defendant, her former boyfriend.