Canadian Lawyer

moving towards maintaining only elec- tronic files. If you intend to use electronic storage, it is important to make sure all rel- evant paper documents have been scanned and saved prior to closing the file. As with paper storage, electronic storage must be done in a manner that maintains client confidentiality and is readily accessible. Mullings says once a file is closed, his firm removes any electronic documents (Word, pdf, etc.) from the server and saves backup copies to CD-ROM. Document destruction In accordance with LSUC bylaws, some Ontario firms set an earliest file destruc- tion date of six years after the file closing date. Neuberger says his firm' agreement includes a clause that sets an earliest file destruction date of six years unless the client requests otherwise. Other firms have taken a more cautious approach and have set the date at 15 years, in view of the "ultimate" limitation period under the Ontario Limitations Act. Regardless of whether it' s retainer years, there are exceptions to this rule. File s six or 15 NEW EDITION destruction should generally be delayed in cases where the client is a minor or men- tally incapacitated. In my firm' property practice, for patent prosecution files in which a patent destruction date is set to be at least two years after the patent expires or lapses. Of course, the file destruction date issues, the file should be suspended in situations such as an actual or potential errors or omissions claim made against the firm, complaints made to the law society, audits, govern- ment investigations, and so on. Some firms have been even more cau- s intellectual told me it had previously hired full-time staff to co-ordinate the pulling of paper files that were closed for more than 15 years from offsite storage and bring these paper files to the responsible law- yer who could then authorize tious and not adopted a formal docu- ment destruction practice for client mat- ters. Cipparone says while Goodmans has destroyed most of its non-client files in offsite storage, it has yet to destroy any for client matters, including files from the firm' paper files dating back to the 1960s in an offsite storage facility. Cipparone men- tions his firm is considering destroying some of them after Jan. 1, 2019 which is 15 years after the Ontario Limitations Act came into force. s earliest years. Goodmans has closed destruction. However, they found that in the short term, it was more econom- ically feasible to keep the paper files in storage. The cost of pulling a box of paper files from storage was about $7 to $8 per box and did not include having to pay staff to co-ordinate it all. As such, this practice was suspended. Our firm maintains a record of their destroyed files including the name and address of the client, the file number, a brief description of the matter, the file closing date, the file destruction date, and the name of the responsible lawyer. Jason Leung (jleung@ridoutmaybee.com) practises intellectual property law and is the director of knowledge management at Ridout & Maybee LLP in Toronto. ONTARIO SMALL CLAIMS COURT PRACTICE 2013 MR. JUSTICE MARVIN A. ZUKER WITH CONTRIBUTIONS FROM J. SEBASTIAN WINNY Ontario Small Claims Court Practice 2013 includes new cases and the latest amendments to the rules and forms of Small Claims Court in Ontario. • All amendments to the Small Claims rules and forms including the latest amendments in force July 1, 2012 and January 1, 2013 (O. Reg. 56/12) ORDER # 985099-65203 $97 Hardcover + CD-ROM approx. 1360 pages August 2012 978-0-7798-5099-0 Annual volumes supplied on standing order subscription Practice Advisor available upon request on standing order subscription Multiple copy discounts available Shipping and handling are extra. 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