Canadian Lawyer

are only a few members of the working group. I speculate this misperception has arisen because the membership of the working group is confused with the editorial group associated with the publications. While publications list a small number of people, this reflects the final editorial team for each document; the actual number of people who contribute to the document(s) and are members of the group is much larger. Working Group 7 could counteract criticism about its insularity by promoting membership, particularly among sole and small firm practitioners, in-house counsel, and government and public sector lawyers. It could explore relationships with Canadian law schools or the National Judicial Institute to improve its membership and address other criticisms the Sedona Canada Conference is no longer current or at least not very active. There is concern from practitioners about the currency of the working group's materials. Many of the more recent documents are sitting in public comment phase and do not appear to have been released in final form. Additionally, the Sedona Canada Principles was published in 2008 and may no longer reflect current developments in law, practice, or technology; many provinces have enacted new rules or practice directions regarding discovery since 2008. It is difficult to produce important works by committee, especially when the committee consists of volunteers and so redrafts take time. I know Working Group 7 is currently revisiting the 2008 principles with a view to updating them. Perhaps a new infusion of members can contribute to this effort? Arguably, a refreshed version of the Sedona Canada Principles would benefit the bar and bench alike, because it is a concise restatement of the law and best practices applicable to e-discovery problems. I find it interesting the Sedona Canada Principles are incorporated by reference into Ontario's Rules of Civil Procedure. Consequently, the possibility that Ontario procedural law and practice on e-discovery can be refreshed from time-to-time through the mechanism of refreshing the Sedona Canada Principles, rather than through rule changes, per- mits constant updates. Because so few freestanding documents are referenced in procedural law, Sedona Canada has a unique opportunity to influence and educate practice, and might consider how best to accomplish this considering its resources. I believe the Sedona Conference Working Group 7 must continue its work, including the effort of revitalizing the Sedona Canada Principles, as the law and practice of e-discovery evolves in Canada. There is limited e-discovery case law of general application (rather than cases confined to narrow facts) in Canada (compared to the U.S.) leaving the Sedona Canada Principles and other policy documents from the working group to fill these gaps. Dera J. Nevin is managing counsel, e-discovery, TD Bank Group. She can be reached at dera.nevin@td.com. The opinions expressed in this article are her own. Get expert Guidance on the law GoverninG litiGation involvinG the federal crown New editioN The AnnoTATed 2014 Crown LiAbiLiTy And ProCeedings ACT ThE hon. Mr. JusTiCE DonALD J. rEnniE, BriAn J. sAunDErs, MiChAEL h. Morris, AnD JAn BrongErs Let experts guide you through the substantive and procedural law governing the law related to litigation involving the Federal Crown. The Annotated 2014 Crown Liability and Proceedings Act includes the full English and French text of the Crown Liability and Proceedings Act, section-by-section commentary, digests of all relevant judicial decisions, and cross-references to related legislative provisions and secondary sources. order # 985555-65203 $190 hardcover approx. 300 pages october 2013 978-0-7798-5555-1 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. You'll find expert analysis of the vicarious liability of the Crown, the nature of duties owed by the Crown, the limits on the availability of injunctive relief, and the immunity of the Crown and its agents from provincial legislation. And you'll get all the significant case law so you'll know exactly how the legislation has been applied by the courts. With a copy of The Annotated 2014 Crown Liability and Proceedings Act by your side, you'll be confident you're interpreting the legislation correctly. And you'll be certain you understand all the latest developments and cases that could impact your claim or defense. AvAilAble Risk-FRee FoR 30 dAys order online: www.carswell.com Call toll-Free: 1-800-387-5164  in toronto: 416-609-3800 www.CANADIAN L a w ye r m a g . c o m Jan uary 2014 19

• Cover