Canadian Lawyer

October 2015

The most widely read magazine for Canadian lawyers

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w w w . C A N A D I A N L a w y e r m a g . c o m O C T O B E R 2 0 1 5 41 and author) in e-mails and other elec- tronic records must remain intact; and recipients of production orders are pro- hibited from destroying or altering the required documents. Quebec's securities regulator, the Auto- rité des marchés financiers, requests docu- ments in PST format. (A .pst file is a per- sonal folder file in Outlook.) Beyond that, says Stephanie Lapierre, a partner at Fasken Martineau LLP, "there are no guidelines as to which tools they would like you to use." Often, however, when a request for infor- mation is received, it triggers "an open dis- cussion with the investigator to make sure your production will satisfy their demands." Where requested documents are withheld owing to solicitor-client privilege, the com- mission asks for a "privilege log" of meta- data, including the date, sender, recipient, and subject of each withheld document. Labour-oriented bodies have felt less need to keep pace. The Alberta Labour Relations Board does not have a process for pre-hearing production of e-documents. "There's been thought given as to how the board can update its technology to make it easier for litigants to deal with electronic documents," says legal counsel Jeremy Schick. "But we've no plans to issue guidelines in the immediate future. We're satisfied with what we now receive [from the parties]." Ontario's Workplace Safety & Insurance Board also has no guidelines for e-production. Law societies have done little to permit, let alone regulate, production of e-docu- ments for disciplinary hearings. The Law Society of British Columbia says it has no guidelines for e-production. David Wright, chairman of the Law Society of Upper Canada's Tribunal, says its proceedings are a "fairly paper-based process," and it hasn't been an issue. The LSUC will, however, gradually phase in the ability to electronically file notices of application. In the Maritimes, the Nova Scotia Util- ity and Review Board, which oversees municipal planning, electricity rate hear- ings, and tax assessments, is the tribunal most advanced in setting standards for e-production. "They have it as part of their rules, but it's not that sophisticated," says Jane O'Neill, a partner at McInnes Cooper. "It just requires that it be done by OCR in pdf." Go behind the ballot box for a look at the ins and outs of enforcing election rules and promoting voter engagement. Discover how elections work in this collection of articles written by key Canadian and international experts in election law. Co-edited by a former Chief Electoral Officer and the Executive Director of the JPPL, this broad overview sets out all the elements involved in conducting elections in Canada: election administration, voters, political parties, campaigning, campaign finance, election ethics, elections and the media, application of election law, academic analysis, and international aspects. Where appropriate, references are made to election law and court judgments. Bonus issue for JPPL subscribers – This publication is included free of charge in your 2015 subscription. Get an unbiased overview and behind-the-scenes look into the electoral process New Publication The Informed Citizens' Guide to Elections: Electioneering Based on the Rule of Law Co-Editors-in-Chief: Richard Balasko, B.A., M.A., and Gregory Tardi, DJur. Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 986464-65203 $93 Hardcover approx. 450 pages May 2015 978-0-7798-6464-5 00226II-A50368 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Special issue – Journal of Parliamentary and Political Law (JPPL)

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