Canadian Lawyer

Nov/Dec 2011

The most widely read magazine for Canadian lawyers

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is they will have experience in actually litigating these types of cases and have an understanding of just how careful you need to be in the collection of the evidence, organization, and eventual presentation. "We work hand-in-hand with forensic accountants, yet it's being able to stand back as you go along and understanding how what you're finding is going to fit into different theories of recovery." Steger and Stitt both note the big change in the last 10 years is in the IT area. The use of e-mail and electronic docu- ments and the number of records that may be generated and must be preserved and examined, has grown exponentially, says Stitt. And so while Steger says notification of the internal IT head is critical at the out- set, marshalling external IT experts as part of the team approach is also key. Steger says it's important to get a foren- sic image of hard drives, servers, and e-mails in order to preserve the evidence. "If that's not done properly and immedi- ately up at the front, that can compromise the investigation and the evidence that's available." Focusing on specialization is impor- tant because, using "IT as an example, the lawyers and even the accountants should not be the ones tasked with getting the forensic images of the e-mails and hard drives and servers because technically, the way it is today you need somebody who knows what they're doing and isn't going to accidentally press the wrong button and delete or alter all the evidence," says Steger. That's particularly true if internal IT doesn't have experience with this type of probe, he adds. Finally, Steger says the state of the unpredictable economy helps bring to light past frauds that may have gone unnoticed in better times and heightens the risk for new ones occurring. "The potential for fraud, I think, is becoming greater," says Stitt. "We're trying to do more with fewer people. I think there's a change in the psychology of the work- place. It's a confluence of factors, but as times are getting tighter, people will be more tempted. Be proactive; don't be caught scrambling if it happens." NEW EDITION CONSOLIDATED ONTARIO SMALL CLAIMS COURT STATUTES, REGULATIONS AND RULES, 2011-2012 MR. JUSTICE MARVIN A. ZUKER Access a wealth of relevant, up-to-date statutes, regulations and rules for your small claims matters with this comprehensive, portable, and easy-to use guide. NEW IN THIS EDITION This edition features amendments to the Rules of the Small Claims Court, and deals with new rules for service, defence, costs, and enforcement of orders. Revised forms are also included in this new edition. Also included are amendments to, or the addition of, the following Statutes: Bankruptcy and Insolvency Act • Collection Agencies Act • Consumer Protection Act, 2002 • Courts of Justice Act • Rules of The Small Claims Court • Creditors' Relief Act, 2010 • Environmental Protection Act • Execution Act • Highway Traffic Act • Law Society Act • Limitations Act • Motor Vehicle Dealers Act • Personal Property Security Act • Residential Tenancies Act, 2006 • Travel Industry Act • Wages Act ORDER # 983596-67166 $89 Softcover approx. 1440 pages August 2011 978-0-7798-3596-6 Annual volumes available on standing order subscription Multiple copy discounts available Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 PROFESSIONAL DIRECTORY Supreme Court of Canada Counsel and Agency Services Henry S. Brown, QC Brian A. Crane, QC Guy Régimbald Graham Ragan Matthew Estabrooks Eduard J. Van Bemmel, Law Clerk montréal ottawa toronto hamilton waterloo region 160 Elgin StreetSuite 2600OttawaOntarioK1P 1C3T 613-233-1781 calgary vancouver moscow london www.CANADIAN Lawyermag.com N O VEMBER / D ECEMBER 2011 53 ormit_CL_Aug_11.indd 1 7/13/11 3:44:20 PM ntitled-6 1 7/20/11 11:40:58 AM

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