With the integration of the Sedona Canada Principles into the rules governing discovery, courts are becoming more willing to order parties to produce their hard drives and laptops. As email and social networking Web sites continue to replace verbal communication, electronic discovery can unearth significant paper trails. For the full posts from the Canadian Underwriter [...]

  The legality of file sharing has been hotly debated in Canada for many years, and the issue boiled over again recently with the Canadian Recording Industry Association (CRIA) trading pot shots in the press with copyright luminaries like Michael Geist and Howard Knopf  over both the legality of the practice and its effect on the recording [...]

With the collapse and near collapse of many financial institutions globally, Canadians are undoubtedly left wondering why it is that our financial institutions (FIs) have managed to weather the storm better than many US and European institutions. The answer is at least in part due to the relatively conservative regulatory regime under which our banking [...]

A continuation ina series of articles on the Regulation of Credit Default Swaps which describe how regulators in the United States and Canada were addressing the issues of systemic risk and the instability of the financial system attributed to credit default swaps in the aftermath of the financial credit crisis that started in the summer of 2007. [...]

Due to growing interest and demand from our neighbors North of the border (not least of which due to the scores of Canadian lawyers employed on multiple U.S. corporate bankruptcies ) we have established a job/info listserv for Canada.   You can subscribe to the our Canada listserv by clicking here.  You can see all our listserv by clicking here. [...]

  Like their U.S. counterparts, insolvency and restructuring lawyers at Canada’s largest firms have been working around the clock since the winter to keep up with the avalanche of major bankruptcy filings to hit Canadian courts. At least a dozen large Canadian bankruptcies have been filed so far this year under the Companies’ Creditors Arrangement [...]

The Canadian Competition Bureau issued its proposed revised merger enforcement guidelines (MEGs) in March 2009.  They were last revised September 2004 which was the first update since their original publication in March 1991. The MEGs exhibit greater convergence with US merger enforcement policy, while retaining some distinctly Canadian policy choices reflective of the provisions of the Canadian [...]

  The traditional rule in common law provinces is that that the producing party is responsible for the immediate costs of the production of its documents to the other party. While British Columbia does expressly address the costs of electronic discovery, in Ontario, Rule 1.03(1) provides that the Rules of Civil Procedure shall be liberally [...]